mm 


.c.^A£?k 


'i^ 


George  IVushington  Flowers 
Memorial  Collection 

DUKEUNlVERSn  V  IIRUARV 


ESTABLISH  EL)   BV  THE 
FAMILY  OK 

COLONEL   FLOWERS 


I 


c.^'" 


y^J 


/.  •  .' 


/"    I*" 


w->-' 


y ._^ 


r^ 


/-  ,  » 


ACTS 


OP 


THE  GENERAL  ASSEMBLY 


OF 


THE    STATE    OF    GEORGIA, 


PASSED  IN 


MILLEDGEVILLE, 

AT  AN 

ANNUAL.  SESSION 

IN 

NOVEMBER   AND    DECEMBER, 
1861. 

PrBI.I.*4IIKI>  BV  AITTHOKITV. 


MILLEDGEVILLE: 

BOUGHTON,    NISBET    A;    BARNES,    STATE    PRINTERS. 
18G2. 


PRINTED    AT   THE 

SOUTHERN  FEDERAL  UNIOiN  OFFICE, 

MILLEDGEVILLE,    GEORGIA. 


7 


l^B^-' 


- '    0. 


#25 


EXECUTIVE  DEPARTMENT,  > 
MiLLEDGEViLLE,  Ga.,  December  20th,  1S61.      > 

Wm.  H.  Hunt,  Esq., 

Cominler  of  the  Laws  of  IS6 1  : 

Sir:  In  compiling  and  preparing  for  publication,  the  Acts  passed  at  the 
late  Session  of  the  General  Assembly,  you  will  abbreviate  the  enacting  and 
repealing  clauses,  as  has  been  the  custon  for  several  years  past,  where  the 
same  can  be  done  without  changing  the  true  import  of  the  Acts. 

Respectfully,  &c., 

JOSEPH  E.  BROWN,  Governor. 


Digitized  by  the  Internet  Archive 
in  2010  with  funding  from 
Duke  University  Libraries 


http://www.archive.org/details/actsofgeneralassOOgeor 


TABLE  OF  TITLES,  DIVISIONS,  &C. 


PART  I. 


PUBLIC  LAWS, 

Title  L— AGRICULTURE. 

"  XL— APPROPRIATIONS. 

"  III.— ATTORNEYS  AT  LAW. 

"  IV.— BANKS  AND  BANKING. 

«  v.— CODE  OF  GEORGIA. 

"  VL— COUNTY  LINES, 

'c  VIL— COUNTY  REGULATIONS. 

"  VIIL— ELECTIONS. 

"  IX.— EXRS.,  ADMRS.,  TRUSTEES,  ORDINARIES,  &C. 

"  X.— GENERAL  ASSEMBLY. 

"  XL— GEORGIA  RELIEF  &  HOSPITAL  ASSOCIATION. 

"  XIL— GREAT  SEAL  OF  STATE. 

"  XIIL— INSOLVENT  DEBTORS. 

"  XIV.— INSURANCE  COMPANIES. 

"  XV.— JUDICIARY. 

"  XVI.— MILITARY. 

"  XVIL— MONOPOLIES,  EXTORTIONS,  &C. 

"  XVIIL— PENAL  CODE. 

"  XIX.— SALARIES. 

"  XX.— SLAVES  AND  FREE  PERSONS  OF  COLOR 

"  XXL— STATE  HOUSE  OFFICES  AND  OFFICERS. 

*'  XXIL— STATE  LUNATJC  ASYLUM. 

*'  XX III.— STATE  PRINTER. 

'«  XXIV.— TAXES. 

"  XXV.— WESTERN  &  ATLANTIC  RAIL  ROAD. 


PART  11. 


PRIVATE  AND  LOCAL  LAWS. 

Title  I.— APPROPRIATIONS. 

"  IL— CITIES  AND  TOWNS. 

"  IIL— CORPORATIONS. 

"  IV.— COUNTIES, 

i'  v.— COUNTY  LINES. 

»  VI.— COUNTY  REGULATIONS. 

*'  ML— EDUCATION. 

.«  VIIL— EXECUTORS,  ADMINISTRATORS,  ORDINARIES,  &C. 

"  IX.— INTERNAL  TRANSPORTATION. 

"  X.— PATROLS. 

"  XL— PHYSICIANS. 

"  XIL— RELIEF. 

"  XIIL— RIVERS  AND  DAMS. 

"  XIV.— ROADS. 

*'  XV.— SLAVES  AND  FREE  PERSONS  OF  COLOR. 

"  XVI.— TAXES. 

*'  XVIL— TELEGRAPH  COMPANIES. 


STATUTES  OF  GEORGIA, 


PASSED  BY  THE 


GENERAL  ASSEMBLY  OF  1861 


PART  I.— PlIULIC  LAWS. 


TITLE  I. 


AGRICULTURE  AND  COMMERCE. 


Sec.  1.  $50,000  approprinted  to  encourage  the 

inasmfncture  (if  sflt  in  (Jeort^ia. 
"    2.  May  be  advanced  in  parts  to  different 

persons  or  Companies. 
"    3.  Direct  Trading  Company  of  Georgia, 

incorporated. 
'■■    4.  The   Company  may  own    real-estate, 

Wareh(>nse!<,  vessels,  &c. 
"  5.  Capital  stock  $I.0(!O,()O0,  which  mav  be 

increased  to  $3,000,000. 


Sec.  ().  Location  of  mnin  office  and  branches. 
"     7.  Dilicers  of  the  Company — when  Com- 

jiany  niay  organize. 
"     8.  May  insure  cotton  against  fire  on  spb 

or  land,  and  act  as  agent  of  Foreign 

Insurance  Ccniipanies  in  (reorgia. 
"     0.  Personal  liability  of  the  stockholdei"S 

for  debts  of  the  Company. 
"  10.'  Duration  of  charter  2(1  years. 


(No.  1.) 

An  Art  to  cjicoiiragc  the  manvfacture  of  Salt  ivitldn  the  limits  ofthe  State 
of  Georgia,  and  for  other  imr  poses. 

Whereas,  The  supply  of  salt,  in  consequence  of  the  blockade 
of  the  ports  of  this  State,  is  exceedingly  limited,  and  much  in  con- ^'"''""*'^ 
venience  must  result  to  the  people  unless  measures  are  afforded  to 
manufacturers  of  said  article. 

1.  Sec  I.  Be  it  cnncteJ,  That  his  Excellency  the  Governor  of  this 
State,  be  and  he  is  hereby  authorized  to  draw  his  warrant  upon 

the  Treasury  of  this  State,  for  the  sum  of  fifty  thousand  dollars  ;  ^.f^^'J't; 
which  said  sum,  in  his  discretion,  shall  be  advanced  without  inter- ;;"";,;;j^^^ 
est,  to  any  Company  or  Corporation,  which  has  been  or  may  here-**'  '***- 
after  be  established  in  this  State  for  the  manufacture  of  salt:  the 
advance  so  made  to  be  secured  to  the  State  by  mortgage,  or  other- 
wise, and  to  be  refunded  to  the  Treasury  aforesaid,  at  such  time 
or  times,  as  may  be  designated  by  the  said  (xovernor,  after  peace 
shall  have  been  restored  between  the  United  States  and  Confed- 
erate States  of  America. 

2.  Sec.  II.  Be  it  further  enacted,  That  the  Governor  is  hereby  au- 
thorized to  draw  his  warrant,  or  several  warrants,  upon  the  Treas- 


8  PUBLIC  LAWS. — Agkicultuke  and  Commerce. 

Direct  Trade  aud  Navigation  Company. 


mmj  w  ^-ury  of  Georgia,  in  favor  of  such  persons  or  Corporations  as  may  be 
pub  to"dir-  engaged,  or  may  hereafter  engage  in  the  manufacture  of  salt,  not  to 
mi^^ir.'exceed  in  all  the  sum  of  fifty  thousand  dollars;  and  the  Governor 
may  draw  fur  any  part  of  said  sum,  in  favor  of  any  responsible  par- 
tics  or  corporations,  in  sums  as  may  be,  in  each  case,  agreed  upon  ; 
Provided,  that  in  each  case,  before  the  same  shall  be  drawn  from 
■^'•"-the  Treasury,  good  and  sufficient  security  shall  be  given  by  the 
party  or  corporation  in  whose  favor  it  shall  be  made,  in  bond  or 
mortgage;  the  suthciency  of  the  security  to  be  judged  of  by  the 
Governor,  and  the  time  of  repayment  to  the  State  to  be  likewise 
.     stipulated  by  his  Excellency ;  Provided,  that  no  interest  shall  be 
charged  on  the  sum  or  sums  so  advanced. 
Sec.  in.  Repeals  conflicting  laws. 
Assented  to  December  16,  ISGl. 

(No.  2.*) 

An  Act  to  iiworpornte  the  Direct  Trading  Sf  Navigation  Compamj  of 
Georgia,  and  for  other  imrposes. 

3.  Section  I.  Be  it  enacted.    That  Perino  Brown,  C.  G.  Baylor, 
conK,r.tor..  Thomas  P.  Fleming,  A.  S.  Atkinson  and  William  J.  Russell,  of  the 
State  of  Georgia,  their  associates,  successors  or  assigns  be,  and  the 
di^  comi»- same  are  hereby  incorporated  and  made  a  body  politic,  under  the 
i'Jc^rpo™tS.''iiame  and  style  of  the  "  Direct  Trading  Company  of  Georgia"  ;  and 
by  that  name  shall  be  capable  in  law,  of  suing  and  being  sued,  in 
Fowom.       any  of  the  Courts  of  this  State  ;  to  make,  have  and  use  a  common 
seal,  and  the  same  to  alter,  or  renew,  as  they  may  deem  proper; 
and  also  to  make,  ordain,  and  establish,  alter  or  amend  such  by- 
Bykw*.      laws,  ordinances  and  regulations  as  shall  seem  to  them  necessary 
and  convenient,  for  the  organization  of  said  Com])any — the  election 
of  its  Directors — the  subscription  to  its  stock — the  selection  of  the 
officers  of  the  Company — prescribing  the  duties,  compensation  and 
responsibilities  of  the  same;  and  generally  to  provide  for  the  Gov- 
ernment of  said  Company,  in  accordance  with  the  forms,  usages 
and  stipulations  of  corporate  bodies  in  this  State  ;  said  by-laws  and 
regulations  not  being  contrary  to  the  Constitution  of  this  State  or 
of  the  Confederate  States,  or  repugnant  to,  or  inconsistent  with  the 
fundamental  laws  of  this  Corporation,  as  hereinafter  set  forth  and 
enacted  by  the  authority  aforesaid. 
4.  Sec.  1L  Be  it  further  enacted,  That  the  said  Company  shall  be  ca- 
lUyomin-Bipable  of  lioldiug,  owning  and  retaining  such  real-estate,  buildings 
hSii*vIi"-and  ware-houses,  in  the  State  of  Georgia,  as  may  be  necessary  for 
"*'**■       tlie  transaction  of  its  business;  and  shall  have  power  to  conduct 
and  carry  on  a  general  Foreign  and  Domestic,  Mercantile  and  Ex- 
change business,  and  own  ships  or  sea  going  vessels  propelled  by 
sail,  or  steam,  or  import  by  steam  or  sail. 

*  Anotlier  Act  was  piis^^cd  during  llie  Inte  Session,  incorporaliiig  the  "  Direct  Trading  Com- 
pany of  Gcorifin,"  wliic-h  was,  word  for  word,  like  this  one,  except  the  fith  Sec.  as  embraced  in 
this,  whicli  was  entirely  wanting;  and  by  directiou  of  tiie  Governor,  this  one  only  of  the  two  ia 
published. — CoMriLEU. 


PUBLIC  LAWS — Agriculture  and  Commerce.  9 

Direct  Trade   ami    Navigation  Company. 

5.  Sec.  III.  Be  it  farther  enacted,  That  the  capital  stock  of  said 
Company  shall  consist  of  one  million  of  dollars,  which  may  be  in-S\ooo.  *^'' 
creased  by  the  stockholders,  at  a.  regular  meeting,  to  a  sum  not  ex- 
ceeding three  millions  of  dollars ;  which  shall  be  divided  into  shares 

of  one  hundred  dollars  each. 

6.  Sec.  IV.  Beit  f art  Jicr  enacted,  That  said  Company  shall  have  ^     ,■       r 

•  ,  i  •  Location    of 

power  to  establish  the  main  office  of  the  same,  in  any  City  or  Sea '"'''" ''*'^'''- 
Port  Town  of  Georgia,  with  such  Branches  or  Agencies  in  any  Branches. 
Town  or  district  of  the  State,  as  it  may  deem  necessary  in  conduct- 
ing its  commercial  and  exchange  transactions. 

7.  Sec.  V.  For  the  well  ordering  of  the  affairs  of  said  Company,  oiBoprs  of  the 
there  shall  be  elected  by  the  stockholders,  a  President  and  Cash- 
ier, and  not  less  than  tliree  Directors  or  business  Manajrers,  so  soon 

,  111  n         I  1  TiiTTn"  '"^°    Com- 

as two  thousand  bales  of  cotton,  or  one  hundred  thousand  dollars r«'7  may  w- 

in  Confederate  or  State  Bonds  or  current  Bank  notes,  or  specie  to 
a  similar  amount,  shall  have  been  subscribed  to  the  stock  of,  or  re- 
ceived by  said  Company. 

8.  Sec.  VI.  A7id  be  it  further  enacted.  That  said  Company  shall  ^f"?  >"»'":«  , 
have  power  to  grant  policies  of  insurance  upon  Cotton,  against  risk}i'Y»  ^"^  "^ 
by  fire  on  sea  or  land  ;  and  to  act  as  Agent  for  European  Insurance M.iy  art  as 
Companies  within  the  State  of  Georgia,  subject  always  to  the  laws%u'  i°usn-''' 
of  this  State   relating  to  Foreign  Insurance  Companies.  ^"3^08^' 

9.  Sec.  VII.  Be  h  further  enacted,  That  the  private  property  of  p.-rsonai  na- 
stockholders  of  said  Company,  shall  be  liable  and  bound  to  the  num- stocWiowVrl 
ber  and  amount  of  shares  or  stock  subscribed  or  held  b}'^  each  indi- 
vidually, and  no  more,  for  the  payment  and  discharge  of  the  debts, 

and  obligations  of  said  Company. 

10.  Sec.  VIII.  Be  it  further  enacted  by  the  autliorky  aforesaid,  Thatp^^^o,,  ^f 
this  charter  shall  last,  continue  and  pertain,  to  said  Company  in-'';'!^^'^" ' 
corporated  as  aforesaid,  for  and  during  the  period  of  twenty  years 
from  and  after  the  passage  of  this  Act. 

11.  Sec.  IX.  Repeals  conflicting  laws. 
Assented  to  December  17,  1861. 


20 


10 


PUBLIC  LAWS.— Appropriations. 


Salary  of    Governor — Salaries  of  State    House  officers. 


TITLE  II. 


APPROPRIATIONS. 


Sec.  1.  Salary  of  t lie  Governor,  of  Secretary  of: 
State  and  Trea.surer,  of  Ciiniptroller| 
General,  of  St-cretaiies  of  Executive^ 
Department.  Pay  of  Jlessenger  to; 
Executive  Department.  Salary  of| 
State  Librarian,  of  Attorney  and  So- 
licitors General,  of  Judges  of  the  Su! 
preme  Court,  of  Judj^esof  the  Superi-1 
or  Courts,  oi  Ueporter  of  decissous  of 
Supreme  Court.  I 

"  2.  Appropriation  to  pay  for  puplishing^i 
General  Orders  by  Major  and  Briga- 
dier Generals.  I 

"  3.  Contiufjent  fund — Printinp;  fund.  Pay  tO| 
Chaplain  of  Penitentiary.  Pay  Jfor, 
cleaning  and  taking  care  of  Senate 
Chamber  and  Ilou.se  of  Representa- 
tives. Pay  of  joint  committee  who 
visited  Academy  for  the  Blind. 

"  4  Pay  of  State  House  Guard.  Appropria- 
tmn  to  buy  book.'<for  the  State  Lil)ra- 
ry  in  18ii-J.  Appropriation  to  Clerk  of' 
Supreme  Court,  tu  pay  for  stationery,! 
advertisiijfj  meetings  of  Court,  &c. 
To  pay  for  keeping  in  repair  and  wind- 
ing up  State  House  Clock  in  180:2. 
Siuary  of  Superintendent  of  Georgia! 
Military  Institute.  Ajipropiiatioii  to 
Col.  A.  V.  Brumby,  Ciipt. Thomas  K. 
McConneil  and  Capt.  II.  S.  C.'imp. 

"  5.  Per  diem  p-iy  of  President  Senate  and 
Speaker  House  of  Representatives,! 
their  mileage.  I 

Per  diem  of  Members  of  General  As- 
sembly, their  mileage.  | 

*'  G.  Pay  of  Secretary  of  Senate,  of  Clerk  of 
House  Reiiresenlulives. 

"  7.  Contingent  e.xpenses  of  Secretary  Sen- 
ate and  Cleik  House  Representatives. 
Pay  of  Meseengcrs  and  Door-Keepers 


IG. 


23 


to  Senate  and  House  Representatives. 
Pay  for  cleaning  and  lighting  chande- 
liers. 

State  Treasurer  to  make  advance  pay- 
ments to  officers  of  Government. 

Governor  to  pay  for  services  rendered 
where  no  appropriation  is  made. 

General  appropriation  to  pay  fixed  sal- 
aries. 

Ai>propriation  to  the  Georgia  Relief  and 
llosjiital  Association. 

Apjiroprialion  to  jjay  Public  Debt  and 
interest  thereon,  as  thev  fall  due. 

State  Bonds  or  Treasury  i^^otea  may  be 
issued  to  meet  appropriations  by  this 
Act,  if  money  not  in  Treasury  ;  kind  to 
be  issued. 

Appropriation  to  Jolin  M.  Coo])er  &  Co. 

Appropriation  to  pay  guard  of  State 
Jlugaziiie ;  to  pay  Military  Store 
Keeper  at  Savannah :  to  jiny  Mili- 
tary Store  Keeper  at  Milledgeville. 

Appropriation  top.iy  expenses  of  Elec- 
toral College  for  President  nnd  Vice 
President,  to  pay  Major  J .  H  Steele  aa 
Secretary  to  Electoral  College. 

I  Appropriation  to  pay  balance  to  Com- 
missioners to  other   States,   sent  by 
State  Convention. 
Certain  Clerks  allowed  to  ComptrolUr 
General. 

Appropriation  for  relief  of  sufferers  by 
late  dre  in  Ciiarleston. 

,  Military  fund  of  |.J,00().000  for  18G2. 
Pay  to  Clerk  of  Judiciary  Committee  of 
Senate. 

Appropriation  to  Major  II.  J.  G.  Wil- 
liams. 
Governor    antliori/.ed  to  draw    $100,- 
000  for  support  of  State  Troops. 


(No  3.) 


Salary  of  OotJ 
fur  1862 


Salar's  of-Ser- 
retarv  of  Stati- 
and  Tn-asiiror 
for  1862. 
Salary   of 
CoDipr,   Gen. 
for  1862. 
Salary  of  Sct- 
retanes    V.x. 
Dept.  for  1862. 


All  Ad  to  i)rovlJc  for  raising  a  revenue  for  the  yolidcal  year  1862,  and 
to  appropriate  money  for  the  snpporl  cf  the  Government  during  said 
year,  and  to  make  certain  special  appropriations,  and  for  other  pur- 
2)oscs  therein  named. 

1.  Section  I.  Jir  it  enacted  bi/  the  General  Assemhhj  of  Georgia,  That 
the  following  sums  of"  money  be,  and  the  same  are  hereby  appro- 
priated, to  tlie  respective  persons  and  objects  hereinafter  named, 
viz:  The  sum  of  Four  Thousand  Dollars  to  his  Excellency  the 
Governor,  as  his  salary  for  the  year  1862;  and  the  further  sum  of 
Si.xteen  Hundred  Dollars  each  to  the  Secretiiry  of  State  and  Treas- 
urer, and  no  more  ;  and  the  sum  of  Two  Tliousand  Dollars  to  the 
Comptroller  General  for  the  year  1862,  and  no  more  ;  and  the  sum 
of  Twelve  Hundred  Dollars  each  to  the  Secretaries  (not  exceeding 
two)  employed  in  the  Executive  Department,  for  the  year  1862, 


PUBLIC  LAWS.— Appropriations.  11 

Salaries  of  Judges — Contingeut  Fund — Printing  Fund — Chaplain  of  the  Penitentiary— State  House  Guard. 

and  no  more;  and  the  sum  of  Five  Hundred  Dollars  to  pay  the ,^7„e° to^E^l 
Messenger  to  the  Executive  Department  for  the  year  1862;  and^"^"^"'^^^^- 
the  sum  of  Five  Hundred  Dollars  to  the  State  Librarian,  as  his|?^^7  £^b,„. 
salary  for  the  year  1SG2,  and  no  more  ;  and  the  sum  of  Two  Hun-"""  ^""^  ^^^^■ 
dred  and  Twenty-Five  Dolhirs  to  each,  the  State's  Attorney,  and,^:',',^;;^  (i^,^^- 
Solicitors  General,  for  the  year  1862:  and  the  sum  of  Thirty-Five  oeu''furi862. 
Hundred  Dollars  to  each  Judge  of  the  Supreme  Court,  whose  com- 
mission bears  date  prior  to  tlie  29th  day  of  November,  1861;  and  o;-'j['lgefof 
the  sum  of  Two  Thousand  Dollars  to  each  Judge  of  the  Supreme  cXttaises 
Court,  whose  commission  bears  date  since  the  29th  day  of  Novem- 
ber, 1861,  for  his  salary  for  the  year  1862  ;  and  the  sum  of  Tvven-f,„,„^i,>,  „(■ 
ty-Five  Hundred  Dollars  to  each  Judge  of  the  Superior  Courts, ■s;;,'i=;;''courti 
whose  commission  bears  date  prior  to  the  29th  day  of  November, '"'"  ^''^^• 

1861  ;  and  the  sum  of  Fifteen  Hundred  Dollars  to  each  Judge  of 
the  Superior  Courts,  whose  commission  bears  date  since  the  29th 

day  of  November,  1861,  as  his  salary  for  the  y(!ar  1862;  and  the  Siiimy  of  Re- 
sum  of  Eight  Hundred  Dollars  is  hereby  appropriated  to  pay  thepiomocourt" 
salary  of  the  Reporter  of  the  Decisions  of  the  Supreme  Court  for'"'  ^"^^ 
the  year  1862. 

2.  Sec.  n.  Be  i(  further  c/iacfcJ,  That  the  sum  of  One  Thousand 
Dollars  (or  so  much  thereof  as  may  be  necessary)  be,  and  the  samcT,.  pny  for 
is  hereby  appropriated  for  the  purpose  of  defraying  the  expense  of  J^^lluaJy" V 
the  publication  of  general  orders  by  the  Brigadier  Generals  and ''''■■'• 
Major  Generals  of  the  Militia  of  this  State,  of  their  respective  Bri- 
gades and  Divisions. 

.3  Sec.  III.  Beit  farther  enacted,  That  the  sum  of  Sixteen  Thous- 
and Dollars  be,  and  the  sairie  is  hereby  appropriated,  as  a  contin-SfTisc^ 
gent  fund  for  the  year   1862;  and  the  sum  of  Thirty  Thousand  prmtmg  fund 
Dollars  be  appropriated  for  a  Printing  fund  for  the  current  year ; '"'' ^^^^' 
and  that  in  case  of  a  deficiency  in  this  appropriation,  the  Gover- rrovisiou  for 
nor  is  hereby  authorized  to  draw  his  warrant  upon  the  Treasury '''"'*■ 
for  the  deficit,  to  be  paid  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated  ;  and  the  sum  of  One  Hundred  and   Fifty  !^W'«^^.^"' 
Dollars  to  pay  the  Chaplain  of  the  Penitentiary  for  the  year  1862  ; 
and  the  sum  of  Fiftv  Dollars  to  the  person  selected  by  the  Gover-*""jf'!:?"'°8 
nor  to  keep  clean,  scour,  air  the  chambers,  and  dust  the  carpets, ';"''''"(.^''""'! 

1  '  '  '  X  '  (  Imnibcr  and 

&c.,  of  the  Senate  Chamber  and  Representative  Hall,  for  the  year}^>g!;Haii  i^ 

1862  .  and  the  sum  of  Forty-Five  Dollars  to  pay  the  expenses  of  ^^'^^'^1;,^'  ^^^^• 
the  Committee  of  the  two  Houses,  which  visited  the  Academy  forvi«»*<i  a.;'*'^- 

, ,        ^^ , .      -  J  Piny  of  tho 

the  Blmd.  Biiud. 

4.  Sec.  IV.    Be  it  further  enacted,  That  the  sum  of  Twelve  Hun- 
dred Dollars  be,  and  the  same  is  hereby  appropriated  to  pay  theO"a?dfor 
State  House  Guard,  for  the  year  1862;  and  the   further  sum  of 
Two  Hundred  and  Fifty  Dollars  is  hereby  appropriated,  to  be  used„  .    ,    , 

•C  1         1   •      !->  11  i.\        n  c  ^^  ■  T..  buy  books 

II  necessary,  by  his  Excellency  the  Governor,   lor  the  increase  oi}|'fSt»t'j  Li- 
the State  Library,  in  selecting  and  purchasing  such  books  as  he 
may  deem  advisable  for  the  year  1862  ;  and  the  further  sum  of  One 

'  To  Cl*k  SuD*c 

Hundred  Dollars  be,  and  the  same  is  hereby  appropriated,  to  pay  court  for -ez. 
the  Clerk  of  the  Supreme  Gourt  for  the  correction  of  errors,  for 
stationery,  and  advertising  notices  of  the  meeting  of  said  Court  in 


H  PUBLIC  LAWS.— Appropriations. 

Georgia  Military  Institute— Secretary  of  Senate  and  Clerk  of  House  of  Representatives. 


For  rnminog  the  year  1S62;  and  the  sum  of"  Fifty  Dollars  be,  and  the  same  is 
H^uf^ock  hereby   appropriated,  to  pay  for  repairing  and  keeping  in  order 
for  1862.       ^j^p  State  House  clock  for  the  year  1SG2  ;  and  the  further  sum  of 
sTipt'./Ga.  Two  Thousand  Dollars  is  hereby  appropriated  to  pay  the  salary  of 
tor  i8cz""""t^i^'  Superintendent  of  the  Georgia  ^Military  Institute  at   Maiietta  ; 
jipp„priBf„  and  the  sum  of  Six  Hundred  and  Eighty-nine  Dollars  and  Eighty 
Bn^by."*  ^  Cents,  or  so  much  thereof  as  the  Governor'may  find  to  be  due,  be 
and  the  same  is  hereby  appropriated  to  pay  arrearages  due  to  Col. 
c«ptTi!o«  rA.  V.  Brumby,  Captain  'I'homas  K.  I\IcConnell,  and  Captain  R.  S. 
cap*t"R"'s    Camp,  for  their  salaries  as  Superintendent,  and  Professors,  of  the 
^""^-         Georgia  I\Iilitary  Institute,  for  the  year  1859  ;  and  that  the  (gover- 
nor do  draw  his  warrant  on  the  Treasury  in  favor  of  the  widow  of 
said  ]\IcConnell,for  that  portion  of  this  appropriation  which  is  due 
to  her  deceased  husband,  to-wit  :  the  sum  of  Two  Hundred  and 
Twenty-five  Dollars  and  Fifty  Cents. 

5.  Sec.  V.  And  be  it  further  oinctal,  That  the  sum  of  Six  Dollars 
o*p4idT^.u^each,  per  day,  be  paid  to  the  President  of  the  Senate,  and  Speak- 
er "Houf,r^' ^^*  of  the  House  of  Representatives,  during  the  present  session  of 

the  General  Assembly  ;  and  the  sum  of  Four  Dollars  for  every 
MUeage.       tweuty  inilcs  of  travcl  going  to,  and  returning  from  the  seat  of 

Government — the  distance  to  be  computed  by  the  nearest  route 
Per  dk-n.  „f  usually  travelled ;  and  that  the  sum  of  Five  Dollars  each,  per  day, 

DietnbiTB  of  ^  k  ^  •  '    i.  J  ' 

oen'iAssem- to  the  Members  of  the  General  Assembly,  during  the  present  ses- 
jj.j  ^  sion,  and  Four  Dollars  for  every  twenty  miles  travel  going  to, 
and  returning  from  the  Capital,  under  the  same  rules  which  apply 
to  the  President  of  the  Senate  and  Speaker  of  the  House:  Pro- 
vided, That  no  Member  of  the  General  Assembly  shall  receive  pay 
for  the  time  he  may  be  absent,  unless  his  absence  was  caused  by 
the  sickness  of  himself  or  family,  or  had  leave  of  absence  granted 
by  the  Senate  or  House,  for  satisfactory  reasons. 

6.  Sec.  VI.  Ami  he  it  further  cnaeicd,  That  the  Secretary  of  the 
Pay  of  sec'y  Senate  be  paid  Eighty-Seven  Dollars  and  Fifty  Cents  per  day,  for 
p^°"^^"  j,i^^i^  the  present  session  ;  and  the  Clerk  of  the  House  of  Representa- 
H(,i.B.- ..f      tives  be  paid  the  sum  of  One  Hundred  Dollars  per  day,  for  the 

present  session  :  Provided,  That  no  warrant  shall  be  issued  in  fa- 
Proviio.  vor  of  either  until  his  Excellency  the  Governor  shall  have  satisfac- 
tory evidence,  that  they  have  respectively  made,  or  caused  to  be 
•  made,  and  attached  to  the  Journals  of  their  respective  Houses,  a 
good  and  suflicient  index,  and  shall  have  carefully  marked  and 
filed  away  all  reports  of  Standing  Committees,  and  all  otlierpapers 
of  importance  connected  with  either  House. 

7.  Sec.  VII.  A/id  he  it  further  enacted,  That  the  sum  of  Fifry  Dol- 
contingint  lars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appropri- 
sec'y  s.niateated  oach  to  the  Secretary  of  the  Senate  and  Clerk  of  the  House  of 

and  Clerk.  .  -in,  •  r>     i      • 

Hou«  of  Representatives,  to  defray  the  contingent  expenses  oi  their  respec- 
tive oflices  at  the  present  session  of  the  Legislature  ;  and  the  sum 
Pay  of  MoH-  of  slx  dollai's  pcr  day  be  paid  to  each  of  the  Messengers  and  Door- 
Door^Keni'fB Keepers  of  the  Senate  and  House  of  Representatives,  the  present 
Ho^uTe'"  .fi  session  of  the  General  Assembly  ;  and  the  sum  of  Fifty  Dollars  is 
B<^p«.  hereby  appropriated   to  pay  for  cleaning,  lighting,  and  keeping  in 


PUBLIC  LAWS.— Appropriations.  13 

Georgia  Relief  and  Hospital  Association. — Public  Debt — Bonds    and  Treasury  Notes. 


order  the  chandeliers  of  the  Senate  Chamber  and  Representative .^a/^foyj^**"- 
Hall,  during  the  session  of  the  General  Assembl}'.  j!'P  chande- 

8.  Sec.  VIII.  And  be  itf/ni/icr  enacted,  That  the  Treasurer  be  ^u- ^>j^^^_''v|!""^ 
thorized  to  pay  from  time  to  time,  to  the  officers  of  the  Govern- r'^^Vo  make 
ment,  whose  salaries  are  appropriated  by  this  Act,  seventy-five ;"^^t« to  orti. 
per  cent  of  the  amount  for  wliich  service  has  been  actually  ren-m^nt 
dered  at  the  date  of  such  payment,  taking  receipts  from   said  offi- 
cers for  the  same  :  which  receipts  shall   be  his  vouchers,  and  are 
hereby  declared  offsets  to  the  extent  of  said  pa3'meiits  to  Executive 
warrants  drawn  at  the  end  of  the  quarter  for  said  officer's  salary. 

9.  Sec.  IX.  And  be  it  further  enacted.,  That  in  all  case,  where  theo,„.t„p^yf„r 
General  Assembly  directs  the  performance  of  any  service  or  labor,  f/;^.y,i;''''„,i^^:j,'j 
for  which  no  provision  for  compensation  is  made,  the  Governor  is  J'iou^'jrmada 
hereby  authorized  to  draw  his  warrant  on  the  Treasury  lor  such 

sum  or  sums,  as  in  his  judgment,  may  be  a  just  compensation. 

10.  Sec.  X.  And  be  it  fvrther  enacted,  That  the  various  sums  of  the  q,,,,^^.^^, 
annual  salaries  of  all  the  officers  of  this  State,  whose  salaries  are  fi.xed  i'™p"atioii  to 

'     _  paj  salaries. 

by  law,  be  and  the  same  are  hereby  appropriated  annually,  to  pay 
said  salaries,  until  they  are  otherwise  altered  by  law. 

11.  Sec.  XL  .4??(/ 6e?//w?Me/- c^ac-^e^^  That  the  sum  of  Two  Hun- 
dred  Thousand  Dollars  be,  and  the  same  is  hereb}' appropriated  Hospfta'rij^ 
for  the  Georgia  Relief  and  Hospital  Association  ;  to  be  drawn  and'*""""""- 
expended  according  to  an  act  passed  at  the  present  session  :  and  if 

no  money  in  the  Treasury  not  otherwise    appropriated  shall  be 
available  for  said  appropriation,  then  his  Excellency  the  Governor 'ot'^^""TreM. 
be,  and  he  is  hereby  authorized  to  issue  Treasury  Notes  or  Bonds,  ^^i^i^^pprll"' 
not  to  bear  exceeding  eight  per  cent,   in  such  sums  as  may    bef,r"seae  '^'' 
needed  from  time  to  time,  to  effect  the  object  of  said  appropria-NXsoTsute 
tion  ;  said  Treasury  notes  to  be  fundable  in  eight  per  cent  bonds'*"'"^'- 
when  the  sum  of  five  hundred  dollars  shall  be  presented  at  the 
Treasury  ;  said  bonds  not  having  longer  to  run  than  ten  years,  and 
to  be  redeemed  at  the  option  of    the   Governor,   twelve    months 
from  and  after  their  issue. 

12.  Sec.  XII.  jBe /?/M;vAcrc«a^^eJ,  That  the  further  sum  of  seven 
hundred  thousand  dollars  be,  and  the  same  is  hereby  appropriated,  pubUc'debrsi 
to  pay  any  portion  of  the  public  debt  which  may    become  dueo'.mTLe,  or 
within  the  present  political  year,  and  to  pay  the  interest  on  suchthereou."* 
Treasury  Notes  and  State  Bonds  as  may  be  issued  under  authority 

of  any  law  passed  during  the  present  session  of  the  Legislature  ; 
the  same  to  be  paid  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

rl        I  If  thp  money 

13.  Sec.  XHI.  In  case,  at  at  any  time,  the  money  should  »ot jl'^ij]^ ^'^'^^''^'; 
be  in  the  treasury  to  meet  any  of  the  appropriations  herein  made,  "■■?  '"  '"•"?' 

.•',.,'  Ill  '  any  appropri- 

the  Governor  is  authorized  to  have  issued  and  used  to  meet  any  de- ?"«"?. '"«^>= 

/>     *  111-  1  ■     1  .'  lu    thi«  act, 

nciency,  bonds  bearing  not  more  than  eight  per  cent,  or  treasury  ^^i^^Tb^dt 
notes,  as  he  may  deem  best ;  said  bonds  when  issued,  not   to  run"'-   Tr.uH.iry 

,  '  .  •'    ,  .  ,  Nnt(  B,  for  uw 

lor  a  longer  time  than  thirtv  years,  and  redeemable  at  any  time  af-''".'"";S^   . 

n  I-  1      •       1     '  1  •  •  K\\\A  of  bonds 

ter  five  years  Irom  their  date,  at  the  option  ol  the  Governor.  N"',!eT'"'t^"S'< 

14.  Si;c.  XIV.  And  beit  further  enacted,  That  the  sum  of  seven- *"'"»'^''>- 
ty-seven  dollars  and  seven  cents,  be  appropriated  to  pay  John  M.coop'irr  Tco 


14  PUBLIC  LAWS.— AppRorRiATioNS. 


Military  Store  Keepers — Electoral  College — Commissioners  appoioted  by  Convention — Cbarleston. 

prin?i"g''d'.m.  Cooper  &:  Co.,  for  public  printincr  <lone  for  the  Convention  of  the 
suu-c«°nvca- people  of  Georgia  while  sitting  in  Savannah. 

15.  Sec.  XV.  A?id  be  it  further  enacted^  That  the  sum  of  four 
of's^re^M- hundred  dollars,  or  so  much  thereof  as  may  be  necessary,  be  and 
MKevili."  'is  hereby  appropriated  to  pay  for  the  Guard  at  the  State  magazine 
Nniiu^.i'n-at  Millcdgeville,  for  the  year  ISG'2  ;  and  the  further  sum  of  five 
v^'^.'°  "hundred  dollars  is  hereby  appropriated  to  pay  the  Military  Store 
MiTiu^v.t.ln- Keeper  in  the  city  of  Savannah,  and  a  like  sum  to  pay  the  Milli- 
wgTviUe.  'tary  Store  Keepers  in  Milledgeville. 

IG.  Sec.  XVI.  Ik  it  further  enacted.  That  His   Excellency  the 

Governor  be,  and  he  is  hereby  authorized  to  draw  his  warrant  on 

the  Treasury  of  this  State,  for  such  an  amount  of  money  as  will 

^•'"kIX". be  necessary  to  pay  the  expenses  of  the  Electoral  College,  recent- 

«i  couejo.     ]y  assembled  at  Milledgeville,    for  the  election  of  President  and 

Vice-President  of  the  Confederate  States  ;  and  the  further  sum  of 

H"^s"eri"i"  twenty-five  dollars  to  pay  John  H.  Steele  for  his  services  as  Secre- 

toraf ■oJll<^s^  tary  of  the  Electoral  College. 

17.  Sec.  XVII.  Be  it  further  enacted,  That  the  following  be,  and 
PayofCnnii.ii.tlie  sauic  Is  hereby  appropriated,  to  pay  such  of  the  Commission- 

«ioner*  to  ci-r-  .  i     i  n 

^mb'su't'^^'^  appouited  by  the  Convention  of  Georgia  to  certain  States,  in 
omvention addition  to  the  advancements  made  by  the  Governor  at  the  time 

ID  additiou  to       _       ,  .  .  J 


advanct-Hof  the  appointmcnts,  to-wit 


made  to  tbi'ui 

reap-ctivciy.  To  A.  R.  Wright,  Commissioncr  to  Maryland,   $200  00 

To  I).  C.  Campbell  "  "'    Delaware,      200  00 

To  11.  L.  Penning,  ''  "     Virginia,       200  00 

To  Samuel  Hall,  "  "     N.  Carolina  200  00 

To  11.  P.  BpU.  "  "  '  Tennessee,     200  00 

To  Is.  C.  Daniel,  "  "     Kentucky,     200  00 

To  D.  P.  Hill,  "  "     Arkansas,      200  00 

To  L.  J.  Glenn,  "  "     Missouri,       200  00 

To  W.  A.  Vason,  "  "     Louisianna,  200  00 

To  J.  W.  A.  Sauford,  "         '  "     Texas,  200  00 

And  the  Governor  is  hereby  authorized  to  draw  his  warrant  npon 

the  Treasury  in  liivor  of  such  of  said  Commissioners  lor  the  sums 

hereby  appropriated. 

18.  Sec.  XVIII.  Be  k  further  enacted,  That,  to  enable  the  Comp- 
troller General  to  have  the  l^onds  and  Treasury  Notes  of  the  State 
recorded  in  his  oHice  in  pursuance  of  the  acts  of  the  General  As- 

cfeVV.'toSembly,  the  Governor  is  hereby  authorized  to  furnish  to  the  Comp- 
""■pt-  '"troller  General  one  or  more  Clerks  to  keep  up  the  registering  of 
such  Treasury  Notes  and  Bonds  ;  and  the  Governor  is  hereby  di- 
rected to  draw  his  warrant  on  the  Treasury  for  adequate  compen- 
sation for  such  Clerk  or  Clerks,  to  be  selected  by  the  Comptroller 
General. 

19.  Skc.  XIX.  And  that  the  further  sum  of  one  hundred  thou- 
Appropria-^^"*^  dollars  bc,  and  the  same  is  herel>y  appropriated,  for  the  relief 
of°"uffVe'i'"H^^  the  unfortunate  sutlbrers  by  the  calamitous  fire  in  Charleston, 
^'^'^«}»^^^^^'- South  Carolina  ;  and  that  the  Governor  be  authorized   to  tender 

said  amount  for  the  above  purpose,  to  the  Governor  of  South  Car- 


PUBLIC  LAWS— Appropeiations.  15 

Military   Fund — Clerk  Senate  Committee  on  Judiciary — H.  J.  G.  Williams — Professors   Ga.  Mil.    Ins' 

olina,  with  the  sincere  sympathies  of  the  General  Assembly,  in  the 
misfortune  of  their  seaport  city. 

20.  Sec.  XX.  Be  it  further  enacted,  That  the  sum  of  five  niil- jf;i;(^^^y  ^^^^^^ 
lions  of  dollars*  be,  and  the  same  is  hereby  appropriated,  as  a  mil-J.^"^*^'^*"'""" 
itary  fund  for  the  year  eighteen  hundred  and   sixty-two  ;  to  be 
drawn  from  the  Treasury,  on  the  warrants  of  the  Governor,  from 

time  to  time  as  the  same  may  be  required  to  defray  either  past  or 
future  expenses  for  militar}'^  purjioses. 

21.  Sec.  XXL  That  the  sum   of  four  dollars,  per  diem,  be  ap- 
propriated to  pay  the  Clerk  of  the  Senate  Committee  on  the  Judi-orsena^o 
ciary  for  as  many  days  as  he  has  served  said  committee  ;  and  that <m"j"di(;in^* 
the  Auditing  Committee  of  the  Senate  sliall  not  be  authorized  to 

audit  said  Clerks  account  for  any  greater  number  of  days  than  shall 
be  certified  to  by  the  Chairman  of  said  Judiciary  Committee. 

22.  Sec.  XXII.  Be  it  further  enacted,  That  the   sum  of    Two 
.Hundred  Dollars  be,  and  the  same  is  hereby  appropriated  to  H.  J.tiurto?i'.'j'. 

G.  Williams,  in  addition  to  what  he  has  ah'cady  received,  as  com- 
pensation for  his  services  asan  Enrolling  Clerk  of  the  late  State  Con- 
vention. 

23.  Sec.  XXIII.  Be  it  firther  enacted,  That  the  following  sums  t,/ pay  u\. 
be,  and  the  same  are  hereby  appripriated  to  pay  the  balance  due  ^^^^.'^^'l^^ "or 
to  the  several  Professors  of  the  Georgia  Military  Institute  tor  thej^™y''»'''j^^j|". 
year  ISO],  viz:  to  V.  H.  Manget  five  hunilred  and  ninety-three""'- 
dollars  and  twelve  cents  ;  to  J.  C.  Eve  fifty-four  dollars  and  forty  Ji"„Jf.  ^]\ 
cents  ;  to  A.  W.  King  five  hundred  and  ninety-three  dollars  and^^^J^v^kj^p. 
twelve  cents;  to  J.  W.  Barker  seven  hundred  and  fourteen  dollars,  •'•^'^•^^'"*'■• 
making  the   sum  of  nineteen  jiundrcd   and  fift3'-four   dollars   and 

sixty  four  cents. 

24.  Sec.  XXIV.  And  he  it  further  enacted,  That  the  sum  of  six 
hundred  and  eicrhtv-two  dollars   and  seventy  eight  cents  be,  andTo^y.  a.  m. 
the  same  is  hereby  appropriated  to  pay  A.  Green  &  Co.,  transferees  "ft"'"  f;™- 

•  '         i  i         -L  i.      J  ^  '  turf  Htipplu'd 

of  W.  A.  M.  Lanier,  for  household  and  kitchen  furniture,  crockery,  t';.,f/'"''^V'' 

-  ,  T  •  Military     Ju- 

&c.,  purchased  of  said  Lanier  lor  the    Georgia  Military  Institute, »tui.tu. 
for  the  use  of  the  State,  on  the   tenth  day   of  August,   eighteen 
hundred  and   sixty  ;  Provided,  the  Governor,   after  investigation, 
finds  the  same  to  be  just  and  due. 

25.  Sec.  XXV.  Be   it  further  enacted.  That  the  sum  of  three 
hunered  and  eighty-nine  dollars  and  eighty-five  certs  be,  and  thesimppon,  iv 
same  is   hereby  appropriated  to  pay  A.  N.  Simpson,   Treasurer  oflury''"!,"'!: 

■  the  Georgia  Military  Institute  for  his   services  as  such  Treasurer ''"'■ 
since  the  purchase  of  said  Institute  by  the  State  of  Georgia. 

26.  Sec.  XXVI.  And  he  it  further  enacted,  That  His  Excellency 

the  Governor  be,  and  he  is  hereby  authorized  to  draw  his  warrant  Boyd.^io  r' 
upon  the  Treasurerfor  such  sum  of  money,  and  as  he  may,  upon  proof  (>oorgia"'Miu 
thereof,  find   to  be  due  and  owing  to    William    W.  Boyd,    former niTif  bcf""rc 
^Commissary  and  Quartermaster  of  the  Georgia  Military  Institute, diMgcoVit? 
for  military  goods,  &c.,  sold  by  him  to  said  Institute  when  the  State 
took  charge  thereof. 

Tor  appropriation  of  $100,000  for  support  of  State  Troops,  which  was  made  for  immediate 
rolief  to  the  Troope  till  the  general  military  appropriation  should  be  made,  see  next  Act, 


16       PUBLIC   LAWS. — Appropkiations. — Attorneys  at   Law. 

State  Cadeta — State  Troo;)? — Attorneys  at  Law  who  fail  to  pay  Professional  Tax. 

27.  Sec.  XXVIL  Be  it  further  enacted,  That,  in  addition  to  the 
To  pay  State  two  thousaiid   dollars  appropriated  for  the  education,  board,  kc, 
G^fg'ia  Mi" of  the  ten   State    Cadets    in  the   Georgia   Military  Institute,  the 
ta"?    ^""'''further  sum  of  four  liuiidred  dollars  be,  and  the  same  is  hereby  ap- 
propriated for  the   payment  of  the  two  additional  State   Cadets, 
one  from  each  of  the  newly  created  Congressional  Districts. 

Assented  to  December  14,  1801. 

(No.  4.) 

A)i  Act  to  nntlionzr.  the  Governor  to  draw  money  from  the  Trcasunj  for 
support  of  the  State  Troops. 

28.  Sec.  I.  The  General  Assembly  of  the  State  <f  Georgia  do  enact 
Governor  ^,,.(is  follows  '.  That  the  Govcmor  of  the  State  of  Georgia  be,  and  he 
to^''$ioo-i^  hereby  authorized  to  draw  from  the  Treasury  the  sum  of  one 
^f°f'"s\'^p;  hundred  thousand  dollars,  to  be  used  in  the  support  of  the  State 
troopi.  troops  now  employed  in  the  defence  of  the  State,  or  such  as  may  here- 
after be  employed  :  to  be  drawn  in  such  sums,  and  at  such  times 
as  he  may  think  pro])er. 

Assented  to  Kovember  30th,  1861. 

Note — Porapiiroprintion  of  $J(),000,to  encourage  tlio  mnnufacture  of  Salt  within  the  State, 
see  Act  No.].,  Title  'Aciucliltuuk  and   Co:m.merck." 

For  appropriation  of  1-00, 000  to  the  "Georgia  Relief  and  Ilo.'ipital  Association,"  see  Act 
No.  29,  Title  XI ;  lor  appropriation  of  |-!.50,0U(i,  for  the  inannfactiire  anl  purchase  of  arms,  see 
Act  No.  61,  Title  MiLi  rAiiY  ;  for  appropriations  on  account  of  State  Lunatic  Asylum,  see  Acts 
Nos.  70  and  71,  Title  Statk  Lu.N'ATic  Asylum.  For  Act  authorizing  the  Treasurer  to  make 
an  advance  to  State  Printers,  see  Act  No.  73,  Title  State  Pki.nters.  For  appropriation  of 
$G,000  for  support  of  jjupils  in  Academy  for  the  Blind,  see  Act  No.  8-2,  Title  Apphopuiatioss, 
Local  and  Private  Luws  ;  also  same  title,  Act  No.  82,  for  appropriation  to  John  H.  Seals,  for 
extra  compensati' in  for  publishing  the  Revised  Code.  For  Act  aj)propriatiiig  |.')04  80  for  re- 
lief of  Mrs.  Boggess,  widow  of  late  Surveyor  General  of  this  State,  see  Act  No.  122,  Title  Re- 
lief. For  appropriation  of  |'5',i  -17.  for  relief  of  Mrs.  Margaret  Dillon,  see  act  No.  123,  same 
Title.  For  Act  appropriating  $  I.JO  for  relief  of  Abner  Hern,  see  Act  No.  125,  same  Title.  For 
Act  appropriating  $i:>.30  t'or  relief  of  Wm.  J.  Rush,  see  same  Act  ;  also  for  c-ouditional  appro- 
priation forreliefot  Wesley  SlmtHeld,  see  same  Act. 


TITLE  III. 


ATTORNEYS  AT  LAW. 

Sec.  1.  Attorneys  nt  low  who  fail  to  pay  their  professional  tax,  may  be  stricken  from  the  roll 
of  Attorneys. 

(No.  5.) 

An  act  to  jtrcvent  Attorneys  at  law  from  practicing  in  the  Courts  of  this 
State,  who  fall  to  pay  their  Professional  Tax. 

Attoroey.^^at  ggQ.  J.  2?c  It  enacted,  That  from  and  after  the  passage  of  this 
to"  j^  "their  ^(.f  whenever  it  shall  be  made  to  appear  to  any  Judge  of  the  Su- 
t«s,|nmy^^^beperior  Courts,  that  any  Attorney  at  Law  practicing  in  said  Courts, 
theroiiVl^iias  failed  to  pay  his  professional  tax,  or  fails  to  pay  his  said  tax 


PUBLIC  LAWS.— Banks  and  BA^K1NG. 


IT 


Attonievs    at   Law. 


levied  according  to  the  laws  of  this  State,  and  execution  has  been 
issued  for  the  same  by  the  Tax  Collector,  and  returned  by  the 
proper  officer  no  property  to  be  found,  it  shall  be  the  duty  of  the 
Judge  presiding  in  the  Superior  Court  of  the  county  in  which  the 
said  Attorney  resides,  to  cause  to  be  issued  a  rule  by  the  Clerk  of 
of  said  Court,  requiring  said  Attorney  to  show  cause  by  the  next 
term  of  said  Court,  why  he  should  not  be  struck  from  the  list  of 
Attorneys,  and  his  License  to  practice  declared  of  no  effect,  for 
his  failure  to  pay  his  said  professional  tax ;  whicii  rule  shall  be 
served  by  the  Sheriff  upon  said  Attorney,  twenty  days  before  the 
next  term  of  said  Court ;  and  if  at  said  term  of  said  Court,  said 
Attorney  fails  to  show  sufficient  cause,  said  Judge  shall  pass  an 
order  striking  said  Attorney  from  the  list  of  Attorneys,  and  declare 
his  license  to  practice  in  the  Courts  of  law  and  equity  in  this 
State,  null  and  of  no  effect. 

Assented  to  December  14,  18G1. 


TITLE  IV. 


BANKS  AND  BANKING, 


SKCTI05  1.  Suspension  of  specie  payraejit  by 
the  Banks,  eontiuueil  till  1st  Dec, 
186'-2,  Banks  must  leileeui  tlicir  bills 
when  presented  in  sums  of  $100,  in 
Confederate  or  State  Treasury  Notes 
Banks  nmst  issue  change  bills  ;  but 
may  not  issue  them  till  1st  Jan.  1SG2 

"  2,  Gov.  to  issue  seven  per  cent.  State 
Bonds  in  lieu  oftliesi.x  per  cents,  here- 
tofore delivered  to  the  Banks,  and  for 
certain  advances  made  by  tlicrn  to 
the  State.  Bonds  issued  under  this 
act,  when  redeemable,  &c. 

'•  3.  Corporators.  Cotton  Planters'  Bank 
of  Gi'orp;ia,  incorporated.  Powers 
and  privileges. 

"  4.  Capital  stock  not  to  exceed  $3,000,- 
00(1.  Stock  may  be  subscribed  in 
Cotton;  or  iu  Confederate  or  State 
Bonds 

"  5.  Bank  to  be  located  in  Thomasville ; 
may  have  agencies  at  Baiubridge, 
Quitman,  Valdosta.  Blakely  and  Sau- 
dersville,  and  elsewhere. 

"  6  When  Bank  may  cnminencc  business; 
Directors  :  President.  If  a  majority 
of  its  stockholders  be  non-residents ot 
Ga.  charter  forl'iited. 

"    7    By-laws. 

"  8  The  Bank  may  hold  certain  real  es- 
tate; may  erect  warehouses. 

"  9.  Stockholders  t.iking  stock  by  paying 
in  Cotton,  must  insure!  the  cotton;  or 
depositetlH'ir  notes.  Liahility  of  stock-' 
holders.    TraiirtVr  of  stock. 

"  10.  Bank  not  bound  to  pay  specie  tilll 
the  other  banks  in  the  State  resume. 

"     11.  Amount  of  issues  allowed. 

"  12.  Stock  Bonds  to  be  registered.  Bills 
issued  to  form  a  lien  on  the  Stock 
Bonds,  for  their  redemption.  Etitrv 
must  be  made  on  the  booksi,  of  Stock 
Bonds  sold. 


13.  Bank  may  build,  purchase  or  cliar- 
ter  ships.  Proceeds  of  cotton  sold,  to 
be  used  to  redeem  the  bank  bills 
which  were  issued  upon  it.  Overplus 
to  be  paid  to  the  Planters,  or  become 
a  part  of  the  stock  of  the  Bank. 

14.  Cotton  paid  in  for  stock  must  be 
marked. 

15.  The  Planter  subscribing  and  paying 
in  cotton,  may  direct  wlien  it  shall  be 
sold,  if  it  will  bring  more  than  what 
was  advanced  on  it,  with  expenses. 

16.  Sale  by  Planters  of  cotton  paid  in. 
Conditions  and  restrictions  of  such 
sale. 

17.  Subscriptions  in  Sea  Island  cotton  at 

$!5  per  bale  of  300  lbs. 

18.  None  but  Planters  to  own  stock  in 
the  Bank,  nor  can  any  cotton  be  paid 
in  except  that  jjroduced  by  them- 
selves. 

19-  Bank  of  Fulton  may  hold  real  estate 
taken  l/ona  Jide,  in  payment  of  debts 
due  the  Bank. 

20.  Any  citizen  of  the  Confederate 
States  may  take  stock  iu   said  Bank. 

21.  North  VVestern  Bank  of  Georgia 
may  istablish  an  otlice  of  discount 
and  depo^^itc  in  Atlanta. 

22.  Purcliase  and  sale  of  foreign  ex- 
change govenied  by  the  laws  of  trade; . 
all  statutory  restrictions  removed. 

23.  A  married  woman  may  deposit  her 
or  her  childrcns'  earnings  in  Savings-- 
Baiik.toam'tof  $1,1100,  which  shall  not 
be  sulyect  to  control  of  her  husband. 

24.  Banks  in  Savannaii  may  be  removed 
to  any  point  in  the  interior  wLilst  S. 
C.  or  Ga.  is  invaded. 

2.').  Payment  may  be  demanded  ou  notes 
«fcc.,  due  the  Banks  so  removing,  at 
the  place  to  which  they  may  be  re- 
moved. 


IS 


PUBLIC  LAWS.— Banks  and   Banking. 


Relief  of  the  Banks. 


2t;.  Timber  Cutters'  Bank. 

27.  Publication  of  semi-annunl  returns 
as  required  by  charter  of  Timber 
Cutter's  Bank,  maybe  made  only  in 
tlie  paper  in  Savannah  having  the 
largest  circulation. 

28.  Is.'<ue  of  change  bills  by  the  Palace 
Mills  in  Columbus,  legalized.  Those 
already  issued  must  be  returned  and 
no  more  put  in  circulation. 

29.  R.L.  M<itt  and  the  Palace  Mills  re- 
lieved from  all  penalties  incurred  for 
having  issued  such  change  bills. — 
Provisions  of  this  Act  extended  to  all 
other  persons  and  conipanies  who 
have  issued  change  bills,  on  certain 
conditions. 

30.  City  Council  of  Augusta  may  issue 
City  Treasury  Notes  of  small  denomi- 
nations. 

31.  Amount  in  circulation  at  any  one 
time  not  to  exceed  $100,000. 

32.  Penalty  for  puttmg  in  circulation  a 
greateramount  than  |lliO, 000. 

33.  Penalty  for  counterfeiting  same. 


"  34.  Property  jjledged  for  redemption  of 
the  notes  so  issued. 

"  35.  Supt.  of  W.  &  A.  R.  R.  may  issue 
change  bills ;  amount  so  issued  not  to 
exceed  $200,000. 

"  26.  How  redeemed.  Property  of  Road 
and  faith  of  State  pledged  for  their 
redemption. 

"  37.  Such  change  bills  to  be  issued  on 
bank  note  paper  if  it  can  be  pro- 
cured. 

"  38.  These  change  bills  receivable  for 
texes  and  dues  to  State  or  Road. 

"     39.  Penalty  for  counterfeiting  them. 

"  40.  Penalty  for  n  violation  of  any  part 
of  this  act.     Proviso. 

"     41 all  such  bills  to  be  registered. 

"     42 authority  to  issue  bills   under 

this  Act,  to  cease  on  resumption  of 
specie  payment  by  the  Banks  of  the 
State. 

"  43.  Supt.  required  to  furnish  $.500  in  such 
change  bills  for  current  bank  bills, 
when  demanded  by  any  County  Treas- 
urer of  this  State. 


(No.  6.) 

A?i  Act  to  re-enact  and  continue  in  force  the  Jirst,  secojid  and  third  Sec- 
tions of  an  Act  to  grant  relief  to  the  Batiks  and  the  yeople  of  this 
State,  ^'c,  2>asscd  over  the  Govcrno7^s  veto  on  the  'SOth  day  of  T^ovem- 
her,  1860  ;  and  also  to  re-enact  and  contimtc  in  force  the  Ath  Sec- 
tion of  an  Act  to  add  a  jjroviso  to  the  Fourth  Section  of  an  Act,  en- 
titlen  ail  Act  for  the  relicj  of  the  Bajiks  and  ])eople  of  this  State,  &fc., 
assented  to  20th  December,  ISGO. 

1.  Section  1.    The  General  Assemhly  of  tlic  State  (f  Geocg/a.  do  enact 

as  follou-s  :  Be  it  enacted  that  the  hrst,  second  and  third  sections 

of  the  before  recited  Act  passed  on  the  SOth  of  November,  1860,* 

be,  and  the  same  are  hereby  re-enacted  and  continued  in  force  until 

SSs.^'^roi,^  the  first  day  of  December,  1862,    except  the  last  provisot  of  said 

"""""'""'second  section  ;  and  that  the  fourtli  Section|   of  the  before  recited 

Act  assented  to  on  the  20th  of  December,  1S60,  be,  and  the  same 

is  hereby  re-enacted  and  continued  in  force  until  the  first  day  of 

December,  1862.     Provided,  That  none  of  the  Banks  of  this  State 

,,^^ shall  be  entitled  to  the  relief  from  ihe  penalties  imposed  by  exist- 

wn'on^"o  l^ws,  nor  shall  be  authorized  or  permitted  to  suspend  the  pay- 

°^^i|;,;inents    in   specie  of  their  bills  upon  demand,  unless  such  Banks 

^^contede^r-gi^y]]^  at  all  tlmcs,  givc  thc   Treasury    notes   of  this   State  or  of 

■'■^•'"■•ythe  Confederate  States,    at  par,  in  exchange  for  their  own  bills  or 

Bank  notes,  when  demanded  in  sums  of  one  hundred  dollars. 

Provided  also.  That  each  of  the  chartered  Banks  of  this  State 

*Sec  Acts  of  18G0,  pp.  21-2. 

tThe  proviso  here  referred  to  was  in  these  words,  "that  no  Bank  shall  ask  and  receive  a 
greater  sum  than  one  per  centum  on  exchange,  from  any  citizen  of  this  State,  for  bills,  drafts 
or  checks  drawn  on  any  point  beyond  this  State,  when  the  bills  of  siiid  ]?ank  or  Banks  are 
presented  in  payment  forsaid  exchange.  See  also  Act  No.  11  in  this  title,  by  which  it  is  ex- 
pressly enacted,  "  That  the  purchase  and  sale  of  foreign  exchange  shall  hcTeafterbe  regulated 
by  the  laws  of  trade ;' '  thus  removing  all  statutory  restrictions  on  the  subject. 

fThis  section  is  also  re-enacted  and  continued  in  force  till  1st  Dec.  1862,  together  with  the  en- 
tire Act  passed  20  Deo.  1860,  to  add  a  proviso  to  the  4th  Section  of  the  Act  of  30  Nov.  1860, 
.b^-  a  separate  Act  passed  at  the  present  Session ;  for  which  see  Title  Judiciary,  Act  No.  52. 


fla^auion  of 
Specie  pay- 
■xatt 

tiooed  till  let 


vafeen: 
ftlUa 


PUBLIC  LAWS.— Banks  and  Banking.    •  19 

Banks  which    have  made    advances  to  State. 

claiming  the  provision  [provisions?]  of  this  act,  shall  be,  and  theyg^^;^^  ^^^^^ 
are  hereby  required,  upon  application  of  any  person,  to  issue  andj^Yil,"  '''"'"se 
keep  in  circulation  during  their  suspension,  small  bills*  in  denomi- 
nations of  five,  ten,  twenty-five  and  fifty  cents,  to  the  extent  of 
-one  per  centum  upon  their  capital  stock ;  which  said  small  bills 
shall  be  redeemed  in  current  bank  bills  when  presented  in  sums  of 
five  dollars  or  more ;  and  that  the  said  Banks  are  authorized  to 
issue  said  small  bills  to  the  extent  of  three  jjer  centum  on  their 
■  capital  stock. 

Provided  further,  The  provision  for  the  issue  of  change  bills  con- Not  compcii- 

,     .  I    .        , ,  1  .  Ill  1   I  IT  .1  ed      to    iKiiuo 

tamed  in  the  above  proviso,  shall  not  be  obncfatory  upon  said  Banks '■.',',""'="   ^*"' 

,.„    ,y         n       ,      T  p     T  1.  n  J        L  till    iBt    Jan. 

till  the  first  day  01  January  next.  isei 

Assented  to  November  30th,  1861. 

*See  also  act  No  15,  of  tliis  Title,  by  which  tlie  issue  of  change  bills  heretofore  put  in  circu- 
lation by  tliR  Piilace  Mills  Co.  of  Columbus,  and  also  of  those  issued  by  other  individuals  and 
Corpor.ations,  is  legnlised,i)iovided  those  already  issued  be  rcdoeuied  and  not  put  in  circula- 
tion ajjain.  By  Act  No.  17  the  Supt.  of  the  W.'iSc.  A.K.  R.  is  authorized  to  is.sue  fOOO.nOO  in 
chanp;e  bills;  and  by  Act  No.  It),  the  City  Council  of  Augusta  is  authorized  to  issue  $100,000 
in  City  Treasury  notes  of  small  denominations,  to  be  used  as  change  bills. 

(No.  7.) 

An  Act/or  the  relief  of  the  several  Beads  in  the  State  of  Georgia,  ichich 
have  made  advances  to  the  State,  upon  Bonds  or  other  Contracts,  and 
for  other  ijurposes. 

WuEREAS,  Several  of  the  Banks  in  this  State  have  made  ad- 
vances to  the  State  of  Georgia,  under  the  Act  of  1860,  for  the 
purpose  of  "providing  for  the  common  defence  of  the  State  of 
Georgia,  and  to  appropriate  money  for  the  same ;"  which  several 
advances,  amounting  in  the  aggregate,  to  the  sum  of  eight  hun-  "'""''• 
dred  and  forty-two  thousand  and  five  hundred  dollars,  were  made 
by  said  banks,  in  part  in  Bonds  of  the  State,  bearing  six  per  cent. 
interest  per  annum,  and  upon  an  agreement  with  His  Excellency 
the  Governor,  that  he  would  recommend  to  the  General  Assembly 
the  payment  of  seven  per  cent,  on  said  advances  ;  and  whereas,  it  is 
eminently  just  and  proper  that  the  said  Banks  should  receive  the 
sum  of  seven  yer  cent,  on  said  advancements. 

2.  Section  1.  Be  it  therefore  enacted,  That  his  Excellency  the  GoV' 
ernor,  be  and  he  is  hereby  authorized  and  directed,  to  take  up  and  "Z-'? 
cancel  the  Bonds  of  the  State  of  Georgia,  bearing  six  ycr  cent,  in- Bonds^iu  h!.u 
terest,  which  have  been  issued  to  the  Banks  of  this  State  for  their  heJXfore'ao: 
advances,  and  also  the  receipts,  or  other  agreements  which  may  BaX"!  'a  ^^l 
have  been  entered  into  with  such  banks  as  have  made  advances  tOvanr"''""*''" 


Governor  to 
per 
put    State 


8  mado 
to 


the  State  without  receiving  bonds,  and  that  he  cause  to  be  issued  life  sta£ 
and  delivered  in  lieu  thereof.  Bonds  of  the  State  of  Georgia,  bear- 
ing seven  yer  cent,  interest  per  annum,  with  coupons  for  the  interest 
thereon,  payable  semi-annually;  said  bonds  to  be  redeemable  at  mu"er' 'rhu 
the  expiration  of  twenty  years  from  the  date  of  said  advances, Si.omabu'&ci 
and  with  the  right  to  the  State  to  redeem  said  bonds,  at  her  op- 
tion, at  any  time  after  the  expiration  of  five  years  from  their  date, 
•upon  the  payment  of  principal  and  interest;  said  bonds  to  be  de- 


2$<  PUBLIC   LAWS.— Banks   and  Banking. 

Cotton  Plnntera  Bank  of  Georgia. 


livered  to  tlie  several  l^aiiks,  according  to  the  amounts  respective- 
ly advanced  by  them  ;  and  in  all  cases  where  the  interest  has  beeu 
paid,  no  coupons  shall  issue  for  the  amount  so  paid, 

Sec.  II.  Repeals  oonliicting  laws. 

Assented  to  Deceuiber  IG,  IS61. 

.      (No.  S.) 

A71  Act.  to  incorporate  the  Cotton.  Planters  Bank  of  Georgia,  to  give 
steadiness  to  the  value  of  Cotton,  to  male  it  available  as  the  ha^is  of  a 
sound  circulating  medium  for  the  relief  of  the  industrial  interests  of  the 
Covntry,  and  at  the  same  time  to  enable  the  Planters  to  control  their 
own  Cotton  until  the.  blochide  novo  attempted  to  be  enforced,  is  removed; 
to  guard  the  Planters  against  an  unavoidable  necessitous  sale  of  their 
Cotton  at  less  than  renumerating  iirices,  and  against  sacrt/iccs  alike 
detrimental  to  their  interest  consequent  ujwn  their  being  forced  to  draw 
vpon,  and  accept  inadequate  advancements  viwn  their  crops,  paying 
heavy  commissions,  interest,  insurance  and  storage,  ruinous  to  the  pro- 
ducers 0/'  this  great  Southern  staple,  and  for  otJier  purposes. 

3.  Section  I.  Be  it  enacted  by  the  General  Assembly  of  Georgia, 
That  Thomas  Jones,  Thomas  Hardee,  Arthur  P.  Wright,  William 

orporaors.  g^gg^^jj^  James  L.  Scward,  and  Thomas  J.  McBain,  and  such  others 

as  they,  or  a  majority  of  them,  may  associate  with  them,  shall  be 

te^Bauk  ofa  body  corporate,  under  the  name  of  the  Cotton  Planters'  Bank  of 

corpoWed.    Georgia ;  and  as  such  shall  be  capable  of  suing  and  being  sued, 

Powers  and  pleading  and  being  impleaded,  and  to  have  other  rights  and  privi- 

*    p""«8e8.     I^ggg  as  are  incident  to  the  business  of  Banking. 

4.  Sec,  II.  Aiid  be  it  further  enacted,  That  the  capital  stock  of 
Capital  stock  gaid  corDoratiou,  shall  not  exceed  three  millions  of  dollars  ;  which 

not  to  «'xcfea  X  '  ^  ■' 

*3,ooo,ooi)    jy,ay  be  subscribed  in  Cotton  estimated  at  thirty  dollars  per  bale. 

Stock  may  bu  .'  .  .  ^       ^  p  r-i  i         •  i 

cotton  '"five  hundred  pounds  being  equivalent  to  a  bale  of  Cotton  ;  and  said 
orinconfed-gt;ock  may  also  be  subscribed  in  bonds  of  the  Confederate  States, 

erateor  btote  n  r  • 

bouds.        and  of  the  State  of  Georgia. 

Bank   to  he      ^'  ^^^'  "'■-'■■'■•  ^'^'^^^  ^'^  it firthcr  enacted,  That  said  Bank  shall  be  lo- 

located    i  u  cated  in  the  town  of  Thomasville  :  and  the  said  principal  Bank  shall 

Thomasvillo .  '  .1.1  r\     • 

A  encuV It ^^^^^  powcr  aud  authority  to  establish  agencies  at  Bambndge,  Quit- 
Q"u"uman'"^^^'  Valdosta,  Blakcly,  and  Sandersville  and  elsewhere,  under  such 
vaj^d^ost^ujx-ules  and  regulations  as  the  Board  of  Directors  of  said  Bank  may 

Sandernville  ,  l^rCSCribe. 

andelBC-X  ^  ,^  , 

where.  (j.  Sec.  IV.  Bc  it  further  enacted  by  the  authority  aforesaid.  That  as  soon 

\vhcn  bank  ag  ouc  thousaud  bales  of  Cotton  shall  be  subscribed  and  paid  in,  and 

m  a  y    c  o  in  -  i  •  i  • 

iiience  busi- p;^it  ju  siorc  at  sucli  phiccs  as  the  Board  oi  Directors  may  direct — or 

UC88  X  -L  •' 

thirty  thousand  dollars  in  bonds  as  aforesaid,  shall  be  subscribed 
DireotorB.  ^^^^  P^id  ln,  tlicn  tlic  stocklioldcrs  shall  proceed  to  elect  five  Di- 
rectors, from  among  the  stockholders;  which  Board  of  Directors 
President,  ^\^q\[  choosc  a  President  from  their  number,  and  such  other  officers 
other  "ffi'ag  they  may  deem  necessary  for  the  conduct  and  management  of 
"ockCown-^said  Bank  ;  and  that  if,  at  any  time,  a  majority  of  the  stock  is  held 
fdeVtTTiand  controlled  by  persons  non-residents  of  this  State,  then  and  in 
^orflued"'"  that  event,  said  charter  shall  be  forfeited. 


PUBLIC   LAWS.— Banks   and  Banking.  21 

Cotton   Planters  Bank  of   Georgia. 

7.  Sec.  V.  And  be  it  further  enacted,  That  the  said  Board  of  Di- 
rectors shall  have  authority  to  pass  all  by-laws,  rules  and  regula- ^y'*""'- 
tions  as  they  may  think  proper  for  the  successful  operations  of  said 
Bank,  not  inconsistent  with  the  laws  and  Constitution. 

8.  Sec.  VI  And  be  it  further  enacted,  That  said  Cotton  Planters' The  Bank 
Bank  shall  be  authorized  to  purchase  and  hold  such  real  estate  asu?n  r^eai^es- 
may  be  necessary  for  their  business,  and  such  as  they  may  buy  bona, 

fide,  in  collecting  any  debt  or  debts  due  said  Company,  and  no  oth- ware-housea 
er  lands  ;  and  shall  have  the  right  to  erect  Ware-houses,  and  such^'"' 
other  buildings  and  improvements  as  they  may  think  proper. 

9.  Sec.  VII.  And  be  it  further  enacted.  That,   for  the  purpose  of 
providing  against  loss  to  the  bill  holders  consequent  upon  the  losstakiui;"«tock 
or  destruction  by  fire,  or  sea,  the  several  subscribers  of  stock  in rVon^'mu'et 
Cotton  shall  have  the  same  insured,  or  deposit  their  notes  to  then'r^dcVosit 
amount  each  that  each  may  subscribe  in  cotton,  as  security  against 

such  loss  by  fire  or  sea ;   and  that  the  stockholders  shall  be  liable gtockVofdei^. 
lor  double  the  amount  of  the  stock  subscribed  by  each;  and  to  pre-^_.^_^^^^^   ^^ 
vent  tne  stock  from  being  transferred  to  irresponsible  parties,  each  •^t"'^''- 
stockholder  shall  be  liable  to  suit  on  liabilities  of  said  Bank,  for 
two  years  after  the  date  of  such  transfer. 

10.  Sec.  VIII.  And  be  it  further  enacted,  That  said  Bank  shall 

not  be  required  to  pay  specie  for  its  notes,  until  such  time  as  oth- ^a"™*  ^'""p" cu° 
er  Banks  shall  be  required  to  resume  specie  payments  within  this  j,'„Vk"iu'\ho 
State:  when  its  notes  shall  be  redeemed  in  gold  or  silver  coin,  on '^'^''^ '■'''"°"'- 
presentation  within  the  usual  business  hours. 

IL  Sec.  IX.  And  be  it  further  enacted.  That  said  ]5ank  only  have  ^^^^,^^    ^^ 
authority  to  issue  bills,  dollar  for  dollar,  upon  such  bonds  as  mayjf^»"<^«  »"o"- 
be  subscribed  and  paid  in,  and  dollar  for  dollar,  on  the  Cotton  sub- 
scribed, upon  the  estimate  of  thirty  dollars  per  bale. 

12.  Sec.  X.  And  he  it  further  enacted,  That  the  bonds  that  mayg^^,.^  ^^^^^ 
be  subscribed  and  paid  in,  in  stock,  shall  be  registered  in  a  book t'^''" «e'«'"- 
by  said  Bank  to  be  kept  for  that  purpose  ;  and  the  bills  of  said  Bankg.,,^  .^^^^^^ 
shall  constitute  and  form  a  lien  upon  such  bonds,  or  their  proceeds,  t^/'^^^-^^J^^^jj 
and  shall  be  liable  for  their  redemption  ;  and  if,  in  the  course  of  ^''^^^'^^^'p'; 
the  business  of  said  Bank,  any  of  said  bonds  should  be  sold,  an  en-tj»^-^  ^^^^ 
try  of  the  time  of  their  sale,  and  the  particular  bond,  and  the  >«•'"»''«  "/ 
amount  for  which  it  sold,  shall  be  entered  upon  the  books  of  saidth«t<'«''»- 
Bank. 

13.  Sec.  XI.  And  be  it  farther  enacted.  That  said  Cotton  Planters'  Bonk  may 
Bank  shall  have  authority  to  build,  purchase,  charter,  or  employ  dmsc'c/cha'^r- 
ships  for  the  purpose  of  shipping  their  Cotton,  after  the  blockade'"''"^"' 
shall  have  been  removed  ;  and  upon  the  sale  of  said  Cotton  and  the  Proceed,^  of 
receipts  »f  the  proceeds  thereof,  the  thirty  dollars  in  bills  issued  up-tobe  uecd^to 
on  such  Cotton,  per  bale,  shall  be  redeemed,  and  the  overplus,  af-bankbiiis  )»- 

.  ,,^  -ii-i'-ii  j_  ■  iiii'tl  iipuu  it. 

ter  paymg  all  expenses  thereon,  includmg  freights,   storage,  msu- overplus  to 
ranee,  wharfage,  &c.,  shall  be  paid  to  each  Planter  that  may  have  Planter, 
subscribed,  or  it  shall  become  a  part  of  the  stock  of  said  Bank,  andpa'rt'^'of  the 
be  placed  to  the  credit  of  such  Planters  as  may  have  subscribed  the  ii'u'uk." 
same. 

14.  Sec.  XII.  And  he  it  further  enacted,  That,  as  each  subscrip- 


•as  PUBLIC  LAWS— Banks  and  Banking. 

Cotton   Planters'  Bank  of  Georgia — Hank  of  Fulton. 

Cotton  poidtion  of  Cotton  may  be  made  and  the  same  is  stored,  it  shall  be 
marke"d.'  ''"marked  in  such  manner  as  it  may  be  known  by  whom  it  was  sub- 
scribed after  the  sale  thereof. 

15.  Sec.  XIIL  And  be  it  further  cnoctcd.  That  at  any  time  after 
ruwribi'li'^any  planter  shall  subscribe  stock  in  said  Bank,  in  cotton,  he  shall 
fn  c''o^^o n' have  the  right  to  direct  his  cotton  so  subscribed,  to  be  sold,  when- 
whcn  iViTimM  ever  its  market  value  shall  rise  above  the  sum  of  thirty  dollars  per 
wiir'brin'gbale,  so  as  to  meet  the  amount  issued  thereon  by  the  Bank  and  the 
walldvam^.d expenses  thereon;  and  the  surplus  shall  be  paid  over  to  said  plan- 
expeuses.' ' '' ter,  SO  as  to  allow  each  planter  to  determine  for  himself  as  to  the 

market,  and  to  exercise  his  own  judgment,  without  any  restriction, 
as  to  when  the  cotton  subscribed  shall  be  sold,  without  loss  to  said 
Bank. 

16.  Sec.  XIV.  And  he  It  further  enacted,  That  any  person  who 
ton^V.L°n' ma)"  subscribe  stock  in  cotton  and  the  same  has  been  used  as  the 
in.  °"  /""  basis  of  circulation,  and  thirty  dollars  is  issued  thereon,  he  shall  be 
and  re'st'ru- at  liberty  to  sell  his  stock,  or  the  cotton  which  represents  his  stock, 
/a"^"  """subject  to  the  liability  resting  upon  it  for  the  bills  that  may  be  is- 
sued thereon. 

17.  Sec.  XY.  And  he  it  further  enacted,  That  subscriptions  shall 
fuBea"[»iridbe  received,  in  sea  island  cotton,  at  forty-five  dollars  per  bale;  a 
pe"baie oftoo  bale  to  bc  estimated  at  three  hundred  pounds,  per  bale,  and  consti- 
pouads.       ^j^^g  stock  in  said  Bank. 

No  one  but  a  3  8.  Sec  XVL  And  be  it  further  enacted.  That  no  one  shall  liold 
ter"°to  <fwu stock  in  said  Bank,  except  he  be  a  cotton  Planter;  nor  shall  he 
pa'^'^iu  any  subscribe  to  the  capital  stock  of  said  Bank,  any  other  than  cotton 
hfrdsX/'t  raised  by  himself. 

Sec.  XVIL  Repeals  conflicting  laws. 

Assented  to  December  14,  ISGl. 


(No.  9.) 
An  Act  to  amend  An  Act  incorporating  the  Bank  of  Fulton. 

19.  Section  I.  The  General  AssemUu  of  the  State  of  Georgia  do  eiioct. 
Banker  Fni- That  the  Act  incorporating  the  Bank  of  Fulton,  in  this  State  be, 
reaiTn't a t o  and  It  Is  hcrcby  so  amended,  as  to  allow  the  said  Bunk  to  purchase 
bo'r  filfinreal  estate  whenever  the  same  shall  be  done  bonafde,  in  the  settle- 
SuyTbt  duJment  or  collection  of  claims  due  and  owing  by  note,  bill,  or  judg- 

the  bank.         ^^^^^^^  ^^   ^^j^    ^jHuAs.. 

20.  Sec.  II.  And  be  it  further  enacted,  That  any  citizen  of  the  Con- 

Any     citizen  J  .  -it-ji*  •• 

of  ti'ec^Yjfeclerate  States  may  take  stock  in  said  Bank.* 
states jii^ay     §£(;,.  III.  Rcpcals  couflictlng  laws. 

the  Bank   of 

Fulton.  Assented  to  December  17,  1861. 

*  By  the  XVIII  Sec.  of  the  Art  incorporating  the  Bank  of  Fulton,  it  is  declared  that  "t-\vo- 
thirds  of  the  stock  shall  be  owned  by  citizens  of  Georgia."  Acts  of  1855—6  p.  69. 


bimself. 


PUBLIC  LAWS.— Banks  and  Banking.  5m 

North-Western  Bank— Foreign  Exchange-  Married  -women  may  deposit  money  in  Savings  Bask& 

(No.  10.) 

An  Act  to  amend  An  Act  incoj-porating  the  North    Western  Bank  of 
Georgia. 

21.  Section  I.  The  General  As^emhhj  of  Georgia  do  enact  as  follows : 

That  the  Directors  of  tlie  North  Western  Bank  of  Georgia,  shall  be  J"™  K.^S't!! 
authorized,  at  any  time  after  the  passage  of  this  Act,  in  their  dis-"ufX\T* 
cretion,to  establish  an  otHce  of  Discount  and  Deposit  in  the  city  of"m.niJ^d^ 
Atlanta,  in  the  county  of  Fulton,  and  upon  the  same  terms,  and  in  d'^" "'  ^' 
the  same  manner  as  shall  be  practiced  at  said  principal  Bank;  and 
to  commit  the  management  of  said  othce,  and  the  making  such  dis- 
counts, to  such  persons,  on  such  terms,  and  under  such  regulations, 
as  said  Directors  shall  deem  proper,  not  beii%  contrary  to  law  or 
the  Charter  of  said  Bank. 

Sec.  IL  Repeals  conflicting  laws. 

Assented  to  Dec.  5th,  1S61. 

(No.  11.) 

An  Act  to  regulate  Foreign  Exchange. 

22.  Section  I.   The  General  Assemhhj  of  the  State  of  Georgia  do 

enact.  That  the  purchase  and  sale  of  Foreign  Exchange,  shall  here-|•lla^^^te*^ 
after  be  regulated  by  the  laws  of  trade.*  tiirifwRSr 

And  that  all  laws  or  parts  of  laws  heretofore  enacted,  which  Bt"ioHf.i«  ^ 
place  restrictions  upon  Foreign  Exchange,  be  and  the  same  are"" 
hereby  repealed. 

Assented  to  December  14,  1861. 

*  By  tlie  X  Sec.  of  tlie  Act  of  1857,  papscd  over  the  Executive  veto,  it  was  provided,  "  tliat 
no  bank  or  bank  agencj-,  by  itsielf,  its  oflficers  or  agents,  shall  either  directly  or  indirectly  sell 
any  kind  of  exchange,  except  sigiit  checks ;  nor  exact,  demancJ,  atk  or  recieve  for  exchange  in 
or  out  of  this  State,  of  any  citizen  of  tliis  State,  a  greater  premium  than  one  per  centum,  on  the 
amount  of  exchange  sold,  when  the  bills  of  the  bank  from  which  the  exchange  is  sought  to  be 
obtained,  are  presented  at  its  counter  in  payment  of  said  exchange."     Acts  of  18.57,  p.  :^8. 

See  also,  Supra,  Act  No.  G,  and  notes  thereto. 

(No.  12.) 

An  Act  to  aulJiorize  Married  Women  to  deposit  money  in  any  Savings 
Bank  or  Institution  now  chartered,  or  which  may  hereafter  be  chartered 
by  this  State,  and  for  other  purposes  therein  mentioned. 

23.  Section  I.    The  General  Assembly  of  the  State  of  Georgia  do  en- 
act as  follows :  That  it  shall  and  may  be  lawful  for  any  married  wo- 
man to  deposit  in  any  of  the  Savings  Banks  or  Listitutions  for  Sa- ,„ ""!,[f ^ "^ 
vings,  now  chartered  in  the  State  of  Georgia,  or  which  may  here-wnl'/  bkjS 
after  be  chartered  in  said  State,  any  sum  or  sums  of  money,  thelhoiT^^t*- 
proceeds  of  her  own  labor,  or  that  of  her  children,  less  than  onew9''l'aw7 
thousand  dollars  taken  in  the  aggregate,  and  to  control,  draw  for,*i']"o^""f„'^ 
dispose  of,  devise,  or  transfer  in  any  way  whatever,  the  sum  orfrtim*t"LTi 
sums  thus  deposited,   in  every  respect  as  if  she  were  not  a  married  *"""*' 
woman. 

Sec.  IL  Repeals  conflicting  laws. 
Assented  to  December  IG,  1S61. 


-24  PUBLIC  LAWS.— Banks  and  Banking. 


Savannah  Banks  may  remove  to  the  Interior— Timber  Cutters'  Bank 

(No.  VS.) 

An  Act  to  authorize  the  several  Baiiks  and  Banlcing  Institutions  located 
at  Savannah^  to  remove  their  ylaces  of  business  into  the  interior  during 
the  invasioji  of  the  enemy. 

24.  Section  T.  Be  it  enacted,  That  it  shall  be  lawful  for  the  sev- 
sayaunaheral  Baiiks  aiid  Bankinc:  Itistitutioiis  located  at  Savannah,  to  re- 

Bauke    may  ^        ~  .  ,     ^^       ^ 

removetoiu- inove  thciT  placcs  of  business  to  the  interior  of  the  State,  that  eith- 

tenor  dnnnn  ,  JL  •         i  i  i 

ai^u  of' s"\T^^  01  them  may  respectively  select ;  and  there  to  carry  on  their  busi- 
orGa.         ness  during  the  invasion  of  the  State  of  South  Carolina  or  of  this 
State,  by  the  forces  of  the  army  or  navy  of  the  United  States. 

25.  Sec.  IL  And  be  it  further  enacted,  That,  in  respect  of  notes  or 
bills,  or  acceptances  or  obligations  hereafter  to  fall  due  and  pay- 
able in  the  city  of  Savannah,  it  shall  be  lawful  for  the  holders  of 

™y^b"de-the  same,  to  make  demand  of  payment  at  any  point,  or  points,  in 
^°^ef  tc°^^^^  interior  to  which  said  Banks  may  remove  their  places  of  busi- 
b'e'^u.^uiV^^^^  5  and  upon  such  demand  and  notice  to  drawers  of  bills  or  eii- 
banks  in  Sa- (^Qj-ggg  of  notcs  or  bills,  or  obligations,  of  non-payment  of  the  same, 

vannah  at  too  '  _        _  O  '  I      J  ' 

'^VV-\.  '"given  or  sent  by  mail  within  a  reasonable  time,  such  drawers  of  bills 

wnirn     they    O  •/ 

m^iwremo- or  eudorscrs  of  notes  or  bills,  or  obligations,  shall  be  held  and 
bound  for  the  same,  in  the  same  manner  as  if  such  demand  of  pay- 
ment had  been  made  in  Savannah. 
Skc.  III.  Repeals  all  coullicting  laws. 
Assented  to  November  22,  1S61. 

(No.  14.) 

An  Act  to  aMhorize  thet  removal  of  the  Timber  Cutters^  BaJiJc,  and  for 
other  ]iur poses. 

2G.  Section  I.  Be  it  enacted  by  the    General  Assembly  of  the  Stat) 
of  Georgia,    That    by  and  with  the   consent   of  the  Stockholders 
^''"Ba^nk in  the  Timber  Cutters' Bank,  located   at  Savannah,    to   be  made 
^fve^d^  to  known  by  a  vote  of  a  majority  of  the  shares  of  the  Capital  Stock, 
uS^^en'!"'''' °' the  said  Bank   may  be  removed  to,  and  permanently  located  at 
either  the  city  of  Darien  or  the  city  of  Brunswick,  in  this  State ; 
Provided,  that  the  selection  of  either  place  for  its  location  shall  pre- 
clude the  removal  to  the  other. 

27.  Sec.  II.  Be  it  further  enacted,  That  the  said  Bank  shall  not  be 
.»..,•  ..     .renuired  hereafter,  to  advertise  its  semi-annual  statement  as  set- 

rnblication  of  ^  '  r         t  j      •  i*  xl 

.emi-annaai forth  iu  Sectiou  fourtccu  of  the  act  incorporating  the  same, 
passed  the  twenty-sixth  day  of  February,  1856,*  in  more  than  one 
of  the  Gazetts  printed  in  the  city  of  Savannah  having  the  largest 
circulation. 

Assented  to  Dec.  17,  1861. 

"By  this  Aft,  such  publientiovs  were  required  to  be  made  "in  each  of  the  newspapers  prin- 
ted in  Savannah."    Sec  Acta  of  1855-6,  p.  92. 


PUBLIC  LAWS— Banks  and  Banking.  25 


Palace  Mills  Co.  may  issue  cliange  bills.— City  Council  of  Augusta  may  issue  Treasury  Notes. 


(No.  15.) 

An  Act  to  legalize  the  action  of  the  Palace  Mills  Company  of  Columhus, 
in  issuing  change  bills,  and  to  legalize  the  issue  of  change  bills  by  others, 
on  certain  conditiojis. 

Whereas,  Heretofore,  to-vvit:  on  the  26th  of  October,  1861, 
Randolph  L.  Mott,  President  of  the  Palace  Mills  Company,  of  the 
city  of  Columbus,  at  the  request  and  solicitation  of  many  citizens 
of  said  city,  did  issue  and  put  in  circulation  change  bills,  for  theprcamwa. 
convenience  of  the  citizens  of  Columbus,  as  there  was  a  great  scarci- 
ty of  silver  change  ;  And  Whereas,  the  issue  of  said  change  bills 
and  the  circulation  of  the  same,  was  contrary  to  the  Statutes  la 
such  case  made  and  provided  : 

28.  Sec.  I.  Be  it  enacted,  That  the  change  bills  issued  by  the  Pal- 
ace Mills,  of  Columbus,  and  signed  by  R.  L.  Mott,  President,  and fhansebini 

•  .  by    Palace 

dated  26th  of  Oct.,  1861,  and  put  in  circulation,  that  said  issue  oim\»  of  co. 
change  bills  are  hereby  made  legal,  and  the  property  of  the  saidgaiLd.' 
Palace  iNIills  and  all  the  property  of  tlie  said  R.  L.  IVIott,  is  and  are 
hereby  made  liable  for  the  redemption  of  said  change  bills  ;  andTimso  issued 
that  the  said  Palace  Mills  and  Randolph  L.  I\rott  are  hereby  requir-'i^'mod  t^nk 
ed  to  redeem,  on  presentation,  and  destroy,  so  as  not  to  put  in  cir-iucircuiation, 
culation  again,  the  said  change  bills. 

29.  Sec  II.  And  be  it  further  enacted,  That  said  Palace  Mills  and  R-^i-.^^  Mott 
Randolph  L.  Mott,  its  President,  are  hereby  released  from  any  pen-n,™  muu  re- 
alty for  and  on  account  of  issuing  and  puting  in  circulation  theaii  peuaiue. 
said  change  bills  dated  on  the  26th  of  October,  1861,  any  law  to^.'ied  .aid 
the  contrary  notwithstanding  ;  and  that  the  provisions  of  this  Actproviiion.  or 
be  extended  to  all  individuals  and  Corporations  who  have  issued  and[eud^dtootii-' 
put  in  circulation  change  bills,  upon  their  redeeming  all  such  bills r^iwchange 
as  may  have  been  issued  ;  Provided,  that  no  Corporation  or  person  ,''alnVon  aT- 
shallbe  relieved  from  the  pains  and  penalties  of  the  existing  laws,  "°°'- 
who  shall  fail  or  refuse  to  redeem  the  change  bills  heretofore  issued 

by  them,  when  presented;  Frovidcd  further,  that  this  act  shall  not 
be  so    construed,  as  to  authorize   said  Randolph  L.  Mott,  or  any 
other  person  or  corporation,  to  issue  any  other  change  bills,  or  to 
re-issue  those  which  he  or  they  may  redeem.* 
Assented  to  December  17,  1861. 

*See  Notes  to  Act  No.  G. 

(No.  16.) 

An  Act  to  authorize  the  City  Council  of  Augusta,  to  issue  one  hundred 
thousa?id  dollars  in  Treasury  notes,  and  for  other  purposes. 

Whereas,  It  is  important  that  the  circulating  medium  of  this 
State,  grounded  upon  good  and  sufficient  securities,  should  be  at 
this  time  increased  to  meet  the  demands  and  wants  of  the  people  : 
And  Whereas,  the  City  Council  of  Augusta  are  possessed  in  their 
corporate  right  and  name,  of  a  large  quantity  of  Bank  Stock,  Rail 
Road  Stock,  and  real  estate,  greatly  exceeding  in  value  the  sum  of 


26  PUBLIC  LAWS.— Banks  and  Banking. 

City  Council  of  Augusta  may  issue  Treaenry  Notes — Supt.  W.  &  A.  R.  R.  may  issue  change  bills. 


one  hundred  thousand  dollars,  as  well  as  the  taxable  property 
owned  and  possessed  by  the  citizens  of  said  city : 

30.  Sec.  L   The  General  Assembly  of  the  Slate  of  Georgia,  do  there- 
ciiT  couneii/brc  e7iact,  That  the  City  Council  of  Augusta  be,  and  they  are  here- 
majTs'iicby  authorized,  during  the   suspension  of  specie  payments  by  the 
Jote^s of  B^mJi banks  of  this  State,  to  issue  their  Treasury  notes  redeemable  eith- 
troua."""*'er  in  specie  or  in  current  Bank  notes,  of  the  denominations  respec- 
tively, of  five  cents,  ten  cents,  twenty-five  cents,  fifty  cents,  and 
one  dollar  :  which  shall  be  signed  by  such  officer  or  officers  as  said 
City  Council  may  by  Ordinance  direct. 
Amount  in     31.  Sec.  II.  Thc  amoiuit  of  said  notes  in  circulation  at  any  one 
any  one'dme time,  shall  ucvcr  exceed  one  hundred  thousand  dollars  ;  and  said 
*'iooV"o.'"'^^ notes  shall  be  taken  in  payment  of  all  dues  to  the  City  Council  of 
Augusta  ;  and  this  provision  shall  appear  on  the  face  of  the  notes 
issued  by  said  City  Council. 

32.  Sec.  III.    The  General  Assembly  do  further  enact,  That,  if  the 
Penalty  forTreasurcr  of  the  city  of  Augusta,  or  other  persons  authorized  by 
cuTau'on'a^y  ^^^^  ^^^Y  Couucil  of  Augusta,  to  sign  said  notes,  shall  sign  and 
fmounVthauP^^^  ^^  circulatlou  at  any  one  time,  a  greater  sum  than  one  hundred 
$100,000.     thousand  doHars,  he,  or  any  one  of  them,  shall  be  guilty  of  a  mis- 
demeanor,  and   on  conviction,  shall  be  fined  or  imprisoned  ;  said 
fine  not  to  exceed  one  thousand  dollars,  and  said  imprisonment  not 
to  exceed  six  months. 

33.  Sec.  IV.  The  General  Assembly  do  farther  enact,  That,  if  any 
Penalty  forpersou  or  pcrsous  shall  be  guilty  of  forging  or  counterfeiting  any 
i2g"^^e!'*'of  said  notes,  [or  shall  pass  any  of  said  notes?]  knowing  thera  to 

be  forged  or  counterfeited,  he,  she,  or  they,  shall  be  guilty  of  a  fel- 
ony ;  and  on  conviction  thereof,"  shall  be  imprisoned  in  the  Peni- 
tentiary of  this  State,  for  a  term  of  years  not  less  than  five  nor 
more  than  ten,  in  the  discretion  of  the  Court  before  whom  the 
conviction  takes  place. 

34.  Sec.  V.  The  property  of  the  City  Council  of  Augusta,  both 
pied"K^d/fo^real  and  personal,  shall  be  liable  for  the  redemption  of  said  notes; 
notes"^i3rucd.  and  a  lien  is  hereby    created  upon  such  property  for  the  redemp- 
tion of  any  notes  issued  under  the  provisions  of  this  Act  :  Which 
lien  shall  not  be  impaired  or  defeated  by  any  transfer  of  such  prop- 
erty after  the  passage  of  this  Act.* 

Sec.  VI.  Repeals  confiicting  laws. 
Assented  to  November  26th,  1861. 

*See  Notes  to  Act  No.  6. 

(No.  17.) 

An  Act  to  authorize  the  Superintendent  of  the    Western  ^Atlantic  Rail 
Road  of  this  State,  to  issue  change  Bills,  and  for  other  imrposes. 

35.  Sec.  I.  The  General  Assembly  of  Georgia  do  enact  as  follows : 
su^tjj^w^^  That  the  Superintendent  of  the  VVestern  &  Atlantic  Raih'oad  of 
ti^'^riiccuok-this  State,  be  and  he  is  hereby  authorized  to  issue  and  put  in  circu- 
i*'"'-      °     lation,  change  bills  of  the  denomination  of  one  dollar,  fifty  cents, 

twenty-five  cents,  ten  cents,  and  five  cents,  the  aggregate  amount 


PUBLIC  LAWS— Banks  and  Banking.  27 


Supt.  W.  V  A.  R.  R.  may  issue  change  bills. 


of  which  shall  not  exceed  the  sum  of  two  hundred  thousand  dol-N'*  to  ex- 
lars  ;  which  change  bills  shall  be  signed  by  the  said  Superintendent  o'^i>ia'"f>u°t 
and  countersigned  by  the  Treasurer  of  said  Road  ;  Provided,  that 
the  amount  of  said  change  bills  of  the  denomination  of  one  dollar, 
shall  not  exceed  the  sum  of  fifteen  thousand  dollars. 

3G.  Skc.  II.  Said  change  bills  shall  be  redeemed  by  said  Treasur- 
er in  current  bank  notes,  whenever  presented  in  sums  of  five  (Jol-,^"'"'''*"^'''^"'- 
lars  or  upwards  ;  and  for  the  ultimate  redemption  of  the  change  property  or 
bills  which  may  be  issued  as  aforesaid,  the  said  Western  &  Atlan-^.'/th'^orstate 
tic  Railroad,  its  fixtures,  property  and  revenues,  together  with  the  {'il';t,"redemp- 
faith  of  the  State,  are  hereby  pledged.  """• 

37.  Sec.  IIL  And.  be  it  fartlier  enacted,  That  the  Bills  so  issued,  To  ^  wm^A 
shall  be  upon  such  paper  as  is  now  used  by  the  banks  of  this  State,  pf  '{\\£"^ 
or  the  best  paper  that  can  be  procured.  '  ^'""""^  ' 

3S.  Sec.  IV.  All  change  bills  issued  under  the  provisions  of  this  snch  .hange 
Act,  shall  be,  and  are  hereby  made  receivable  in  payment  of  taxes,  u 
and  all  other  dues  to  the  State,  as  well  as  dues  to  said  Western  &?" st' 


Us   rcci'iva- 
e  for  iaxei 
all  dues 
ate  or  to 

Atlantic  Railroad.  Zl  *"  ^  * 

39.  Sec.  V.  Any  person    who    shall  alter,    or  counterfeit  any  p,.,,^„y  r^, 
change  bill  issued  as  aforesaid,  or  shall  knowingly  pass,  or  utter  any  ?™"j\^f"^[,-i^ 
change  bill  so  altered  or  counterfeited  as  aforesaid,  shall  be  guilty*''^- 

of  a  felony  ;  and  on  indictment  and  on  conviction  thereof,  the  offend- 
er shall  be  punished  by  confinement  and  labor  in  the  Penitentiary 
of  this  State,  for  a  time  not  less  than  two,  nor  longer  than  ten 
years,  at  the  discretion  of  the  Court. 

40.  Sec.  VI.  And  he  if  further  enacted.  That  for  a  violation  of  p^^^i^y  ^^^ 
any  part  of  this  Act,  the  person  or  persons  violating  the  same,  ^^j'^'^''^""  °f 
shall  be  guilty  of  a  felony  ;  and  on  conviction  shall  be  imprisoned  "f^'"^  ««*- 
in  the  Penitentiary  for  a  term  not  less  than  two,  nor  more  than  ten 

years  ;  rrocidcd,  it  shall  not  be  a  violation  of  the  provisions  of  this  Proviso. 
Act,  for  the  Agent,  or  Superintendent,  or  Treasurer,  to  furnish  at 
his  discretion,  change  bills  lor  current  bank  bills,  when  it  is  desired 
for  change. 

4L  Sec.  VII.  The  said  Superintendent  shall   have  a  register  aii such  bin. 
kept  of  all  change  bills  issued  under  this  Act ;  which  register  shall 'a.** ''^^"'"" 
contain  the  number  and  amount  of  each  change   bill  issued  ;  and 
shall  at  all  times  be  subject  to  the  inspection  of  the  Governor,  or 
any  committee  of  either  branch  of  the  Legislature. 

42.  Sec.  VIII.  Be  it  farther  enacted,  Provided,  the  authority  to,wbm^.n" 
issue  change  Bills  under  this  Act,  shall  cease  and  determine,  so ;^;;U!' iTre^ 
soon  as  the  payment  of  specie  shall  be  assumed  [resumed?]  by ^p"rFe'paym^ 
the  Banks  of  this  State.  U  ^  ^^l 

43.  Sec.  IX.  P)e  it  further  enacted,  That  the  Superintendent  of^;;p/i„^'''»^'5oo 
the  Western  &  Atlantic  Railroad,  be  required,  on  demand,  to  furn- ","""''.•„ 

.  '  T.  '  '  cliangH  lulls 

ish  to  the  Treasurer  of  each  county  in  the  State,  as  much  as  five ["/^'^''^r™' 


28  PUBLIC  LAWS— Code  of  Georgia. 


Revised  Code  of  Laws. 


when  dc 
man 


;d..f"hy   hundred   dollars  of  change  bills,   in    oxchansre  for  current  Bank 

of  Uui  State.  DUIS.* 

Sec.  X.  Repeals  conflicting  laws. 
Asseeted  to  D.ecember  17,  ISGl. 

•See  Notes  to  Act  No.  C. 

Suvreme  Court  Dccininnx. — Tlie  clinrtcr  of  a  Bank,  granted  by  an  act  of  the  General  As- 
sembly of  Georpia,  is  a  public  act,  and  Courts  must  take  judicial  cognizance  of  it,  in  all  cases, 
without  having  been  specially  given  in  evidence.    31.  (?a.  Repts.  G9. 

\Vliere  a  clause  in  a  bank  cliarter  authorizes  the  joining  in  one  action  ot  all  parties  to  a  note 
or  bill  given  to  be  negotiated,  or  actually  negitiateil  in  that  bank,  such  joindt-r  is  proper. — Ihid. 
_  Such  a  clause  in  a  bank  chartar  is  not  unconstitutional  because  not  expressly  recited  in  the 
title  of  the  Act  of  incorporation  — Hid. 

By  the  9th.  See.  of  the  charter  of  the  Planters'  and  Mechanics'  Bank  of  Dalton,  it  is  declared 
that  "the  bill.^  obligatory  and  of  credit,  notes  and  other  contracts  whatever,  in  behalf  of  said 
corpoiation,  shall  be  binding  upon  the  said  company,  provided  the  same  be  signed  by  the  Presi- 
dent and  countersigned  by  the  Cashier  of  said  corporation;  and  the  funds  of  said  corporation 
shall  be  in  no  case  liable  for  any  contract  or  engagement  whatever,  imless  tlie  same  be  signed 
and  counter.signed  as  aforesaid:"  Held,  that  bank  bills  signed  by  a  Vice-President  and 
countersigned  by  an  Assistant  Cashier,  there  being  a  regular  Presi<lent  and  Ca.shier  in  otfice  at 
the  time,  discharging  their  respective  duties,  are  not  binding  on  the  corporation.  31.  Ga. 
Repts.  371. 


TITLE    V. 


CODE  OF  GEORGIA. 

Section  1.  Code  not  to  go  into  effect  till  1st  Jan  i  Section  2.  Each  member  of  General  Assembly 
uary,  1863.  J  to  be  furnished  with  a  copy. 

(No  IS.) 

An  Act  to  amend  an  Act  to  approve,  adopt,  and  malic  of  force,  in  the  State 
of  Georgia,  a  revised  Code  of  Laws,  iwejiared  under  the  direction  and 
by  authority  of  the  Geiieral  Assembly  thereof,  and  for  other  purposes 
therewith  connected,  assented  to  December  19,  I860.* 

1.  Section  I.  The  General  Asscmlly  do  enact,  That  the  provisions 
^Intrefflct  ^^  ^^®  aforesaid  Act  be,  and  the  same  are  hereby  so  amended  that 
1863.'"  ■''"'  *^^*^  ^^^^  revised  Code  of  Laws  shall  go  into  operation  the  1st  day 

of  January,  1863,  and  not  before. 

2.  Sec.  II.  Be  it  fuither  enacted,  That  so  soon  as  said  Code 
^MiirGen-'^ lias  been  properly  published  and  indexed,  the  Governoris  authorized 
biv'tot'Tum-^id  instructed  to  take  the  necessary  steps  to  furnish  each  member 
Ued  with  a  of  the  present  General  Assembly  with  a  copy,  to  the  end  that  he 

may  examine  and  prepare  to  decide  upon  the  merits  of  the  same, 
previous  to  the  next  meeting  of  the  Legislature. 
Assented  to  16th  December,  1861. 

*Forthis  Act,  see  Acts  ofl860,p.24. 


PUBLIC    LAWS— County  Officers.  29 

OflSces  of  Tax  Receiver  and  Collector  consolidated — Bond  of  Tax  Receiver  and  Collector. 


TITLE  VL 


COUNTY   OFFICERS. 


Sec.  1.  Offices  of  Receiver  of  Tax  Returns  andiSoc.  3.  When  the  Tax  Receiver  and  Collector 


Tax  Collector,  consolidated. 
Bond.s  to  be  given  by  the  Tax  Keoeivor 
and  Collector,same  as  tlio.se  heretofore 
given  by  Tax  Collectors. 


rcsij^ns,  or  dies,  after  performing  a 
>ait  of  his  duties,  compensation  shall 
3e  allowed  for  the  work  done. 


(No.  19.) 

An  Act  to  Consolidate  the  Offices  of  Receiver  of  Tax  Returns  and  of  Tax 
Collector  in  this  State,  and  to  require  the  duties  thereof  to  he  discharged 
hij  one  Officer,  to  be  styled  Tax  Receiver  and  Collector. 

1.  Section  L   The  General  Assembly  of  Georgia  do  e?iact  asfolloivs, 
to-wit :     From  and  after  tlic  pas.sing  of  this  Act,  the  offices  of  Re- Svor^or 
ceiver  of  Tax  Returns  and  the  Collector  of  Taxes,  in  the  several  nuaTBx"coi- 
counties  of  this  State,  be,  and  the  same  are  hereby  consolidated  ;idated.''""'°'" 
and   the  duties   thereof,   shall  be  dischar"ged  by  one  officer,  to  be 
styled  Tax  Receiver  and  Collector;  who  shall  receive  therefor  the 
compensation  now  allowed  by  hiw  to  the  Collector  :  Provided,  no 
Collector  shall  recieve  more  than  fifteen  hundred  dollars. 

Sec.  II  Repeals  conflicting  laws. 

Assented  to  November  30th,  18G1. 


(No.  20.) 

An  Act  to  iirescribc  the  Bond  of  Tax  Receiver  and   Collector,  and  for 

other  imrposes. 

2.  Sec.  I.      The   Getwral  Assembly  of  Georgia  do  enact,  That  the 
bonds*  to  be  required  of  the  Tax  Receiver  and  Collector,  shall  be  ^iven°b:^Thx 
those  heretofore  required  of  the  Tax  Collector  ;  and  that  the  laws  courllor "" 
heretofore  enacted  hi  reference  to  the  bonds  of  Tax  Collectors,  herlLforVn"! 
shall  apply  to  the  bonds  to  be  given  by  the  Tax  Receiver  and  Ool-2;o'uector.  " 
lector. 

3.  Sec.  II.     Be  it  firthcr  enacted,  That  whenever  the  Tax  Re-.^vhpn  the 
ceiver  and  Collector  shall  resign,  after  having  discharged  any  por- J^''^' gX'ctor 
tionofhis  duties,  he  shall  receive  compensation  in   proportion  to ^j'^"^^,';/',';^.''/ 
the  labor  ])erlbrmed  ;  and  in  case  of  the  death  of  the  said  Tax  Re- P'^V'^f  ■  " 

1  '  part   01    Ins 

ceiver  and  Collector,  after  having  performed  apart  of  his  duties,  <*;,'*;;;,;;;/^™'- 
his  representatives  shall  be  entitled  to  receive  compensation  in  pro- ^']*'f^,^7,','°"'- 
portion  to  the  labor  performed — to  be  determined  by  the  Comp-p|j'  ptrform- 
troller  General. 

Assented  to  December  IG,  1861. 

"For  existing  statutes  relative  to  bond.'?  of  Tax  Collectors,  see  T.  R.  R.  Cobb's   New  Di- 
gest, pp.  1016,  1056,  1065.    See  also  Acts  of  1860,  p.  30. 


50 


PUBLIC  LAWS.— County  Regulations. 


Justices  of  luferior  Courts  authorized  to  Issue  Bonds  and  borrow  money,  in  certain  cases. 


TITLE  VII. 


COUNTY  REGULATIONS. 


Skc.  I.  Justices  of  Inferior  Courts  may  issue 
County  Bonds.  In  Co.  of  Burke  only 
on  recommendation  of  Grand  Jury,  anil 
for  certain  purposes. 


Skc.  I.  In  county  of  Decatur  such  Bonds  may 
be  issued  only  to  raise  means  to  equip 
soldiers  and  to  support  families  of  needy 
soldiers  in  service. 


(No.  21.) 

A71  Act  to  authorize  the  Justices  of  the  hiferior  Court  of  the  Counties  of 
Floyd,  Bartoiv,*  Chattooga,  Decatur,  Cobb,  and  Burke,  and  any  other 
Counties  of  this  State,  to  issue  Bonds,  and  horroivmoney,  in  certain  ca- 
ses. 


1.  Section  I.   The  Geiicral  Assembly  of  Georgia  do  enact.  That  the 
Justices  of  Justices  of  the  Inferior  Court,  or  a  majority  of  them,  of  each  of  the 
may"i°eue  co!  above  uamcd  counties,  or  any  other  counties  of  this  State,  are  here- 
by authorized  to  issue  Bonds  of  the  county,  and  borrow  money,  for 
the  purpose  of  raising  means  to  equip  volunteers  and  support  the 
families  of  indigent  volunteers,  who  are  absent  in  the  army,  or  who 

lu  County  of  ^ay  havc  been  killed,  or  died  in  the  service,  or  who  may  have  been 
Kcommelfda"  wounded  or  disabled  in  the  service,  and  for  any  other  county  pur- 
ju"y,aiJ  for  poses;  (so  far  as  rehites  to  the  county  of  Burke,  as  the  Grand  Jury 
p1)?ei"  ^"'  of  said  county  of  Burke  may,  from  time  to  time,  recommend.) 

2.  Sec.  II.  The  General  Assembly  do  further  enact,  That  the  Jus- 
in  Decatur  .otices  of  the  Inferior  Courts  of  Decatur  county  be,  and  they  are 
briB-upd'  "hereby  authorized,  to  raise  money  from  the  sale  of  County  Bonds, 

aolelvto  raise  ,  ■',  ,  ..•'..  -,  ,.  -,  -1. 

m.;an8  to  .- to  mcct  prcscut  emergencics  m  equiping  and  supporting  soldiers 
au^  H.rpport"  from  said  county,  and  to  provide  means  for  the  support  of  the  needy 
peeri/'so?!-  families  of  soldiers  in  service:  this  Act  to  continue  in  force  until 
peace  is  declared. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  17,  ISGl. 

"  Formerly  Cass. 


lora in  servii 


PUBLIC   LAWS.— Elections. 


31 


Contedevate    States  Senators— Volunteers  may  vote  in  certain   elections. 


TITLE  VIII. 


ELECTIONS. 


Sec.  I.  Act  of  Dec.  17,  IS.50,  made  applicable 
to  election  of  Senators  in  Congress  of 
Confederate  States. 
"  2.  Volunteers  in  service  allowed  to  vote  in 
certain  elections. 


Sec.  3.  Mode  of  holding  snch  elections  and  ma- 
king returns  thereof. 


(No.  22.) 

Aji  Act  to  ame7id  An  Act,  approved  December  17,  1859,*  entitled  ^^Ayi 
Act  to  j)rescribc  the  time  of  holding  Elections  for  Senators  in  the  Con- 
gress of  the  United  States,  from  the  State  of  Georgia. 

1.  Section  I.  Beit  enacted  by  the  General  Assembly  of  Georgia,  That  Dec.  issa 
the  above  mentioned  Act  be  so  amended  as  to  apply,  in  all  its  pro-"i^tr,eferuon 
visions,  to  the  Confederate  States  of  America,  instead  of  the  United  rate  state.- 

^  .      ,  Senator*. 

States. 

Sec.  IL  Repeals  conflicting  laws. 
Assented  to  December  5,  ISGl. 

*  See  Acts  of  1859.  p.  31. 

(No.  23.) 

An  Act  to  arithorizc  all  Volunteers  and  other  Troops  in  the  service  from 
this  State,  to  vote  at  all  Elections,  without  reference  to  the  ])lace  where 
they  may  be  iji  service  at  the  time  of  such  Elections,  and  for  other  pur- 
iwses. 

2.  Section  I.   The  General  Assembly  enacts;  That  all  volunteers 

and  other  troops,  citizens  of  this  State,  who  are  now,  by  law,  enti- voinnteers ai- 
tled  to  vote,  or  who  may  at  the  time  of  such  election,  be  entitled '.Xh/rer- 
to  vote  at  any  election  in  this  State,  except  such  elections  as  are '''"""''■"'*^°"^- 
not  returnable  to  the  Executive  Department,  be  and  they  are  here- 
by entitled  to  assemble  at  such  place  as  they  may  be  stationed  at, 
or  in  service,  and  cast  their  votes  as  though  they  were  in  their  pro- 
per counties,  at  such  elections. 

3.  Sec.  II.  That  at  said  elections  it  shall  be  lawful  for  any  two 
commissioned  oflicers  of  the  company,  battalion,  or  regiment,  to  M'><i<' of how- 
preside  and  hold  said  elections,  under  the  same  rules  and  regula-timis'iudrn'^i- 
tions  that  are  now  prescribed  by  law  for  the  holding  such  elections,  thereof."^ """ 
and  make  returns  of  the  same  as  though  the  said  election  had  been 

held  in  the  county  of  the  residence  of  the  voters  respectively — 
sending  one  copy  of  the  list  of  voters  and  one  copy  of  the  tally- 
sheet  to  the  Clerk  of  the  Superior  Court  of  the  county  where  the 
persons  voting  reside,  and  one  copy  each  to  the  Executive  Depart- 
ment ;  and  all  elections  thus  held  shall  be  accounted  good  and  valid: 
Provided,  the  returns  thereof  shall  reach  the  Executive  Dapartment 
within  fifteen  days  after  the  day  of  elections. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  14th  December,  1861. 


32 


PUBLIC  LAWS — Executors,  Administrators,  &c. 


Administrators,  Executors,  Guardians,  &:c.,  may  invest  in  Bonds  of  Confederate  States,  &c. 


TITLE  IX. 


EXECUTORS,  ADMINISTRATORS,  TRUSTEES  AND  GUARDIANS. 


Sic.  I.  Exrs,,  Adnirs.,  Trustees  and  (Junrdians 
may  invest  trust  finuls  in  IJouds  ol 
Confederate  Siates,  bj' order  uf  Judge 
of  Sujjr.  Ci^urt. 
"  2.  New  a8sifj;:iess  and  Trustees  maybe  ap- 
pointed in  certain  cases. 


SEC..3.  Ordinaries  may  require  new  or  sufficient 
bonds  of  Guardians  and  Administra- 
tors where,  old  bonds  are  iusuflicieut. 


(No.  24) 

An  Act  to  auihorizc  Guardians,  Trustees,  Executors  and  Adm(?i(strators 
to  invest  in  Confederate  States  Bonds,  and  in  land  and  negroes. 

1.  Section  I.  Tlw  General  Assembly  of  the  State  of  Georgia  do  enact, 
Exrs,  Admrs 'piiat  Guardiaiis,  Trustees,  Executors  and  Administrators,  are  here- 

Tru6tep»   and  '  I'liili  ^     Ai 

Guardians     |jy  autliorized  to  invest  any  lundsneld  by  tliem,  as  such  Guardians, 
truet  funds  in  Trustees,  Executors  and  Administrators,  in  the  Bonds  issued  by 

Confedt-ratc  '  .  •ii  n  t-i- 

States' bonds,  the  Confederate  States  oi  America,  or  m  lands  and  negroes  ;lrovi- 
ded,  that  an  order  to  that  effect  be  first  obtained  from  the  Judge  of 
tlie  Superior  Court,  who  is  hereby  authorized  to  consider  and  pass 
such  applications,  either  in  term  time  or  vacation. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  16,  1S61. 

(No.  25.) 

An  Act  to  procidefor  the  appointment  of  new  Assignees  ayid  Trustees  in 
certain  cases. 

2.  Section  I.  Be  it  enacted.  That  in  all  cases  of  assignments  for 
Kew  a..ign-.j.jjg  benefit  ot  creditors,  heretofore  or  hereafter  made,  and  in  all  ca- 
^^''oiSed  in'' s^s  of  any  trust,  where  the  sole  or  surviving  Irustee  or  Assignee 

'"•shall  have  departed  this  life,  or  removed  beyond  the  jurisdiction  of 
the  Courts  of  this  State,  the  Superior  Courts  of  the  several  coun- 
ties in  this  State,  shall  have  full  power  and  authority,  when  sitting, 
either  as  a  Court  of  law  or  equity,  upon  the  petition  of  two  or 
more  of  the  parties  interested  in  sucli  assignment  or  trust,  and  on 
such  notice  as  the  Court  shall  direct,  in  a  summary  manner,  to  ap- 
point a  new  Trustee  or  Trustees,  in  the  place  and  stead  of  such 
deceased  or  non-resident  Trustee  ;  and  such  new  Trustee  shall  have 
all  the  authority,  and  be  subject  to  all  the  pains  and  penalties  of 
such  deceased  or  non-resident  Trustee  or  Assignee  ;  and  all  laws  or 
enactments  shall  be  as  applicable,  and  in  as  full  force,  in  respect  to 
the  new,  as  the  old  Assignee  or  Trustee ;  and  said  Court,  being 
hereby  authorized,  in  his  discretien,  to  require  bond  and  security  of 
such  Assignee  or  Trustee. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  16,  1861. 


certain  cascB. 


PUBLIC  LAWS. — General  Assembly. 


33 


Funds  in  the  bands  of  Adm'rs.,  Guardians,  &c. — Compensation  of  Members.  &p.,  of  Gen.  Af>ecTObly. 

(No.  26.) 

An  Act  to  provide  for  the  safety  of  property  or  finds  in  the  hands  of 
Guardians,  Administrators  or  Administratrix,  &fc. 

3.  Section  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  it  shall  be  the  duty  of  the  Ordinaries  of  the  several  coun-^[;y"^„ 
ties  of  this  State,  whenever  it  comes  to  their  knowledge,  either  by  "f.^^t'b.J!^ 
annual  returns  or  otherwise,  that  the  bond  and  securities   of  any  [™™t *«'"i^ 
Guardian,    Administrator,   or   Administratrix,  is  not  of  sufficient  ","".^'*^ 
amount,  (or  otherwis(;  in  his  judgment  insullicient)  to  be  of  double  J.;',"'„^,P^  ^ 
the  amount  of  the  pro]>erty  or  funds  in  hand  of  any  such  Guardian,  ""''^"'''^^ 
Administrator,  or  Administratrix,  it  shall  be  the  duty  of  said  Ordi- 
nary to  give  notice  to  said  Guardian,  Administrator,  or  Adminis- 
tratrix, to  come  forward  at  the  next  term  of  the  Court  of  said  Or- 
dinary, and  give  additional  security  to  said  Ordinary,  or  give  a  new 
bond  with  good  securities;  and  on  failure  to  do  so,  said  authority 
of  said  Guardian,  Administrator,  or  Administratrix,  shall  ceaae ; 
and  said  Ordinary  shall  appoint,  in  terms  of  the  law,  a  Guardian, 
Administrator,  or  Administratrix,  to  take  the  place  of  said  default- 
ing Guardian,  Administrator,  or  Administratrix. 

Sec.  II.  Repeals  coniiicting  laws. 

Assented  to  December  17,  1861. 


TITLE  X. 


GENERAL  ASlSEMBLY, 


Sec.  L  Per  diem  pay  of  President  Senate  and 
Speaker  lIoa.se  Kepre.sentiilive.s,  to  bt 
eaeh  $o.  Per  dirm  pay  of  Members  In 
bo  §J,  each.  MiK'age  $1,  for  every  2(j 
mili^s.  Meml)er.s  to  receive  no  pny  for 
absent  lime  except  in  certain  ca.ses. 
'•  2.  Pay  of  Secretary  Senate  to  be  $:3,.50(),  for 
each  Session  of  10  days.  Thi.s  to  in- 
clude pay  of  all  Clerks  to  Senate. 
"  3.  Pay  of  Clerk  House  liei).s.  to  be  $l,0i)O 
wiiieh  includes  p-iy  of  all  Clerks  U 
House. 


Sec  l.  If  Session  continues  over  40  days,  Sec'y.. 
Senate  and  (Tk.  House,  to  be  paid  in 
proportiiMi  to  dm-ation  of  Session — if 
session  bo  shorter,  to  be  paid  in  propor- 
tion ;  and  same  joco  rala  pay  at  e.xtra 
Session. 

,  5.  Per  diem  pay  of  Messengers  and  Door- 
Kcepers  to  i)e  $G,  each. 

'  G.  State  Treasurer  to  make  certain  advan- 
ces to  Members  aiid  otiieers  of  Legisla- 
ture ;  amounts  so  advanced  to  be  de- 
ducted on  settlement. 

'7.  General  Assembly  lonieeton  Tliuisdays 
instead  of  Wednesdays   as  herctofora. 


(No.  27.) 

An  Art  to  fx  (he  amount  of  Compensation  the.  Monhcrs  and  Officers  of 
the  General  Assembly  shall  receive  for  their  scrvices,and  for  other  jmr- 
poses  thereiti  mentioned. 

1.  Section  I.    The  General  Assembly  oj  the  State  of  Georgia  do  enact 
asfolloivs:  That  the  President  of  the  Senate  and  the  Speaker  of  the 

3 


34  PUBLIC   LAWS.— General  Assembly. 

Secretary  of  Senate— Clerk  of  tlie   House  of  Representatives. 


nrr.rpreei- House  of  Represciitatives,  shall  each  receive  as  full  compensation 
iStJ  s^-ak  for  his  services,  the  sum  of  six  dollars  per  day;  and  each  member 
^^^^^^"^''Ijof  the  General  Assembly  shall  receive  as  full  compensation  for  his 
l^^ofM™.- services,  the  sum  of  five  dollars  per  day;  and  the  President  of  the 
♦Tp^?.   Senate  and  Speaker  of  the  House  of  Representatives,  and  each 
member  of  the  General  Assembly,   shall  receive  the  sum  of  four 
t^^rf*   dollars  for  every  twenty  miles  of  travel  going  to  and  returning  from 
twenty  miles,  ^j^^  scat  of  Govcmm  cut,  the  distance  to  be  computed  by  the  near- 
est route  usually  travelled  ;  Provided,  that  no  member  of  the  Gen- 
Si' l.rinT'eral  Assembly  shall  receive  pay  for  the  time  he  may  be  absent  un- 
tieirabsciKv.  1^^^  hls  abseucc  was  caused  by  the  sickness  of  himself  or  family,  or 
unless  leave  of  absence  was  granted  by  the  Senate  or  House  of  Rep- 
resentatives for  satislactory  reasons. 

2.  Sec.  IL  And  be  it  further  enacted,  That  the  Secretary  of  the 
^"oi^spT- Senate  shall  receive  as  full  compensation  for  his  services,  including 
SS^i^'et^ii every  service  rendered,  the  sum  of  thirty-five  luindred  dollars  for 

«on  of  4o^^gi-j  regular  session  of  forty  days  of  the  General  Assembly  ;  and  he 
Thfctoin-  ^^^^"^  employ  and  pay  out  of  said  sum  the  Engrossing,  Enrolling, 
^aerk7iif  ^"*^  all  otlier  Clerks  and  Assistant  Clerks  necessary  to  discharge 
promptly  and  properly  all  the  duties  of  Secretary  and  Clerk  in  the 
Senate,  without  any  additional  compensation  whatever  ;  Provided, 
that  no  warrant  shall  issue  in  favor  of  said  Secretary  until  his  Ex- 
cellency, the  Governor,  shall  have  satisfactory  evidence  that  he  has 
made,  or  caused  to  be  made  and  attached  to  the  journal  of  the  Sen- 
ate, a  good  and  sufficient  index,  and  shall  have  marked  and  filed 
away  all  reports  of  standing  and  special  committees,  and  all  other 
papers  of  importance  connected  with  the  Senate. 

3.  Sec.  IIL  Andheit  further  enacted.  That  the  Clerk  of  the  House 
p.v  of  cvrk  of  Representatives  shall  receive  as  full  compensation  for  his  servi- 
lLpr""ei.u-  ces,  including  every  service  rendered,  the  sum  of  four  thousand 
!ri^o7  40 "dollars  for  each  regular  session  of  forty  days  of  the  General  Assem- 
«MbS°  ^*'  bly ;  and  he  shall  employ  and  pay  out  of  said  sum,  the  Engrossing 
rf^'iay^.f  and  Enrolling  Clerks,  and  all  other  Clerks  and  Assistant  Clerks 
*ucierk..     necessary  to  discharge  promptly  and  properly  all  the  duties  of 

Clerk  and  Assistant  Clerks  of  the  House  of  Representatives,  with- 
out any  additional  compensation  whatever  ;  Provided,  that  no  war- 
rant shall  issue  in  favor  of  said  Clerk  until  his  Excellency,  the  Gov- 
ernor, shall  have  satisfactory  evidence  that  he  has  made,  or  caused 
to  be  made,  and  attached  to  the  journal  of  the  House  of  Representa- 
tives, a  good  and  sufficient  index,  and  shall  have  marked  and  filed 
away  all  reports  of  standing  and  special  committees,  and  all  other 
papers  of  importance  connected  with  the  House  of  Representatives. 
^rsc«v>on  4^  gj^c.  IV.  And  be  it  further  enacted,  That  if  auy  regular  session 

sTvreuV^o'^f  ^^^^  General  Assembly  shall  continue  longer  than  lorty  days,  the 
iiiriTk  of  Secretary  of  the  Senate  and  the  Clerk  of  the  House  of  Representa- 
^Tin'"J^''  tives,  shall  each  receive  additional  compensation  in  proportion  to 
portion  to  dM.|-j^g  length  of  time  the  session  of  the   General  Assembly  is  in- 

EVtttOU    Ol    SI'S—  O  ^^^^  _  _     I  111 

f?"-   .    ,  creased  :  and  if  any  regular  session  of  the  General  Assembly  shall 

4,1    tfC^MlOI)    n©  */0  /-111  •/* 

;Sni^bc"'tTd  continue  for  a  shorter  term  than  forty  days,  the  compensation  of 
•ajro|«»ition.  ^jjg  Secretary  of  the  Senate  and  the  Clerk  of  the  House  of  Repre- 


PUBLIC  LAWS.— General  Assembly.  S5 


Treasurer   to    make  certain   advances. 


sentatives,  shall  be  decreased  in  proportion  to  the  time  said  sess- The  same 
ion  is  shortened  ;  and  if  there  shall  at  any  time  be  an  extra  session  i"^"  '^^f"  p'j 
of  the  General  Assembl)^  the  Secretary  of  the  Senate  and  the  Clerk  ^'^f '■"«'>!''«'' 
of  the  House  of  Representatives,  shall  each  receive  compensation 
for  their  services  at  said  extra  session,  at  the  same    rate  each   re- 
ceives at  a  legular  session ;  and  each  shall  employ  and  pay  at  said 
extra  session,  all  his  Clerks  and  Assistant  Clerks  that  may  be  nec- 
essary, and  do  and  perform  all  other  things  required,  the  same  as  at 
a  regular  session. 

5.  Sec.  V.  And  be  it  furthe?- enacted,  That  each  Messenger  andp^,  ^rMc, 
Door-Keeper  of  the  Senate  and  House  of  Representatives,  sh;il1  re- '■■''""/  «"'* 
ceive  as  lull  compensation  tor  his  services,  the  sum  of  six  dollars  *,"^,^''r*«^'«c'' 
for  each  days  service.  p^rcay. 

G.  Sec.  VI.  And  be  ufunhcr  enacted,  That  the  Treasurer  of  thcgtate  Treasu 
State  be,  and  he  is  hereby  required  to  make  advances  to  any  of  the^;,;J'„™''p 
members  of  the  General  Assembly  ;    but  in  no  case  to  ex'ceed  thek"""'"-  T 

T  T'1  ill!  1,1  ^"  uiumbers. 

per  diem  pay  and  mileage  actually  due  ;  and  to  advance  to  the  Mes-  t„  Mes^en- 
sengers  and  Door-Keepers  of  the  Senate  and  House  of  Renresenta-51""""^  i^"*"^ 

"-^       ,  ■>  r.  .  ,,  i  Keepers. 

tives  the  per  diem  pay  tor  services  actually  performed  ;  and  to  ad-^,^^^ 
vance  and  pay  the  Secretary  of  the  Senate  such  sum  as  the  Presi- ^^"afe "^  ""^ 
dent  of  the  Senate  may  certify  to  be  due  him  for  the  service  actu- 
ally performed,  taking  into  consideration  tlie  completion  of  all  his 
duties  of  the  whole  session  ;  and  to  advance  and  pay  to  the  Clerk  Tocikiiouse 
of  the  House  of  Representatives  such  portion  of  his  salary  as  may 
be  actually  due  for  the  services  rendered,  as  the  Speaker  of  the  House 
of  Representatives  may  certify  to  be  due  him,  taking  into  consid- 
eration the  completion  of  all  his  duties  for  the  whole  session;  and 
the  amounts  so  advanced  and  paid  to  the  Secretary  of  the  Senate  A,ivancp« to 
and  Clerk  of  the  House  of  Representatives,  shall  be  deducted  from  {^nnrE^if.ru. 
the  amount  of  the  Executive  warrants  drawn  in  their  favor  for  their  on  VTaemeut 
salaries. 

Sec.  VII.  Repeals  conflicting  laws. 

Passed  in  House  of  Representatives  by  a  Constitutional  majority 
over  the  Executive  veto,  of  two  thirds,  by  a  vote  of  yeas  109,  nays 
37,  November  30,  1S61. 

WARREN  AKIN, 
Speaker  of  the  House  of  Representatives. 
L.  Carrington, 

Clerk  of  the  House  of  Representatives. 

Passed  in  the  Senate  over  the  Executive  veto  by  a  Constitution- 
:  al  majority  of  two-thirds,  by  a  vote  of  yeas  35,  nays  3,  November 
30,  1861. 

JOHN  BILLUPS,  President  of  the  Senate, 

J  AS.  M.  MoBLEY,  Secretary  of  the  Senate. 


36      PUBLIC  LAWS. — Georgia  Relief  &  Hospital  Association. 

Time  of  meeting  of  the  General  Assembly  cbanged— Georgia  Relief  and  Hospital  Association. 


Preamble. 


Geueral   Ae- 
trmbly  to 
meet  on 
Thursdaye  in- 
Btead  of  \Ved' 
uosdays. 


(No.  2S.) 

A71  Act  to  alter  and  fix  the  time  of  the  meeting  of  the  General  Assembly 
of  tJie  State  uf  Georgia. 

Whereas;,  The  Constitution  of  the  State  of  Georgia  restricts  the 
session  of  the  Legi-slaturc;  to  forty  clays;  And  JMarcas,  The  Legis- 
lature can  only  remain  in  session  thirty-nine  days,  in  consequence 
of  the  fortieth  day  being  the  Sabbath. 

7.  Sec.  I.  Tlic  Gciural  Asscmhhj  of  the  State  of  Georgia  Jo  enact, 
That  the  meeting  oftlie  General  Assembly  of  the  State  of  Georgia, 
■shall  be  annually  on  the  first  Thursday  in  iNovember,  instead  of  the 
first  Wednesday,*  as  now  required  by  law. 

Assented  to  December  14.  1801. 

"The  third  item  ol  the  1st  Sec  of  the  2il  Article  of  the  New  Constitution  of  fho  State,  fixed 
the  time  oftlie  incetiii{;of  the  Gi-neiai  AKsenibly  "on  the  first  Wcduesduy  of  Noveuiber,  «?(<f7 
iuck  day  of  meeting  shall  be  altered  by  lair." 


TITLE    XI. 


GEORGIA  RELIEF  AND  HOSPITAL  ASSOCIATION. 


Sec.  1.  f200,000  appropriated  to  the  Georgia 
Relief  ancfllospitnl  Association.  Pur- 
poses for  wliich  to  be  n.sed. 
"  2.  To  bn  drawn  in  sums  as  needed,  and 
when  ordi-ri'd  to  be  drawn  by  E.xecu- 
five  Conim.;  tlien  Governor  to  draw 
his  warrant  on  Treasury. 

Sec.  3.  Monthlyrepurtof  expenditures,  etc.,  to 
be  made  to  Governor.  On  failure  ol 
Committee  to  make  f.ui'h  report,  the 
Governor  to  withhold  hi.s  warrant  till 
it  be  made.  What  cxliibits  reports 
shall  make.     Di.'^eretioii  of  dlovernor 


when  he  thinks  expenditures  bnvo 
been  extravagnnt.  Ex.  Com.  J  shall 
also  report  whether  articles  sent  to 
Hospital  have  been  received,  &c.,&.c. 
Further  items  to  be  enibracedjn  re- 
port of  Coinniitlee.  tirJi... 

4.  Application  of  tlie  Fund.  '"' BF'"'^- 

5.  Agents  to  be    appointed   to  look    after 

liospital  stores  in  transitu — to  be  locat- 
ed at  Richmond  Va.— their  competisa- 
tion. 


Preamble. 


(No.  29.) 

An  Act  to  aid  the  Georgia.  Belief  and.  Hospital  Association  ;   and.   lo- 
cate the  same,  and  to  ayproyridte  monnj  therefor. 

Whereas,  many  patriotic  and  humane  citizens  of  Georgia  have 
organized  themselves  into  an  association,  st)'led  the  Georgia  Relief 
and  Hospital  Association,  for  the  purpose  of  providing  medical  at- 
tendance, stores,  and  supplies,  hospital  rooms,  accommodation  and 
transportation  for  the  sick  and  wounded  soldiers  of,  and  in  the 
State  of  Georgia  ;  And  irhrmis,  said  Association,  which  has  hither- 
to been  conducted  by  voluntary  contribution  and  service,  needs, 
and  will  need  aid,  in  continuing  its  efforts  of  philanthropy  and 
benevolence;  ^/iJ^rAfrms,  it  is  but  just  that  the  means  necessary 
to  carry  on  tiie  operation  of  tiie  Association  should  fall  equally 
upon  all  the  people  for  whom  these  Georgia  soldiers  fight  and  suff- 
er— 


PUBLIC  LAWS — Georgia  Relief  &   Hospital  Association.     37 


Georgia  Relief  and  Hoppital  Association. 


The  General  Assembly  of  Georgia  do  therefore  enact  as  foil  ores: 
Section  I.     The  sum  of  two   hundred  thousand    dollars    be,  $200,000  ap, 
and  the  same  is  hereby  appropriated  and  set  apart,  for  the  aid  and  Ga^Viief  & 
benefit  of  said  Georgia  Relief  and  Hospital  Association;  to  be  ex-Bociation. 
pended  by  them  in  providing  medical  attendance,  stores,  and  sup- 
plies, hospital  rooms,  accommodation  and   transportation  for  the 
sick  and  wounded  soldiers  of  the  State  of  Georgia,    and  for  no 
other  purpose  whatever;  Frovukd,  That  all  soldiers  who  may  be- 
come sick  or  wounded  within  the  limits  of  the  State  of  Georgia  and 
in  her  defence,  shall  be  included  in  the  benefits  of  this  appropria-^'°"*°* 
tion,  in  the  discretion  of  the  managers  of  the  Georgia  Relief  and 
Hospital  Association  ;  which  said  Association  shall  be  located  at 
Augusta,  Georgia,  and  the  Managers  shall  liave  full  power  to   es- 
tablish branch  Hospitals,   as  they,   in  their  discretion,  may  think 
necessary  ;  the  said  Association  in  the  establishing  of  Branch  Hos- 
pitals, shall  so  locate  them  as  will  be  more  convenient  and  accep- 
table to  the  troops  intended  to  be  benefitted  thereby,  not  exceed- 
ing twenty  miles  distant  from  the  camps,  if  practicable. 

Sec.  n.  That  said  fund  shall  be  drawn  from  the  Treasury 
only  in  such  sums,  and  at  such  times,  as  they  may  be  needed  to 
carry  out  the  purposes  of  the  Association  ;  and  when  any  amount  is  ^owdra^vn. 
needed,  it  shall  be  ordered  by  the  Executive  Committee  to  be 
drawn;  and  their  order  to  that  eflect  shall  be  signed  by  their 
Chairman,  or  in  his  absence,  by  the  Vice-Chairman,  and  counter- 
signed by  the  [Recording  or  Corresponding  Secretary  ;  and  upon 
said  order  being  submitted  to  his  Excellency  the  Governor,  andap- 
proved  by  him,  he  shall  draw  an  Executive  warrant  on  the  Treas- 
ury of  this  State,  for  the  amount  expressed  in  said  order  ;  and  then 
the  Treasurer  shall  pay  the  same  out  of  the  sum  appropriated  by 
this  Act. 

Sec.  in.      The  General    Assemhh/    do  furtlier    cnaet,     That  the 
Executive  Committee  shall  submit  to  his  Excellency  the  Governor,  t^eto^^X'*" 
a  monthly  statement  of  the  expenditures  of  said  Association,  giv- port.'ti^ooT 
ing  the  specific  items  and  details  of  such  expenditures:    Provided, 
further,  'I'hat,  upon  failure  of  said  Committee  to  make  the  month- 
ly exhibits  to  his  Excellency  the  Governor,  as  required  by  this  Act, 
then  the  Governor  shall  withhold  any  further  warrant  upon  said  ^pJ"rt!"Go^ 
fund  until  said  Committee  shall  have  duly  filed  in  the  Executive  ^i^'."''"*'^ 
Department,  said  exhibits,  which  shall  show  a  full,  complete,  and 
plain  statement  of  all  receipts  and  disbursements  by  said  Commit- 
tee :  And  be  it  furl  her  provided,  That  if  the  Governor  shall  be  of  the 
opinion,  from  said  statements,  that  the  disbursements  have  been 
extravagant  or  wasteful,  he  shall  be  autliorized  to   withhold  said 
fund,  until  a  satisfactory  explanation  shall  be  made:  And  provided, 
further,  That  in  said  report,  the  Executive  Committe  shall  make 
report  to  the  Governor  fully,  whether  or  not  the  articles  sent  for- 
ward by  them  during  the  month,  for  the  use  of  the  beneficiaries  of 
this    Act,   have    reached    their    destinntion,   and  if   delayed,  at 
what  point,  and  in  what  quantities,  and  from   what  causes ;  and 


38  PUBLIC  LAWS. — Great  Seal  of  the  State. — Insolvent  Debtors. 


New  Great  Seal  for  the  State  of  Georgia.— Act  to  abolish  imprisonmeut  for  Debt,  amended. 

they  shall  likewise  report  specifically  for  what  purpose  or  pur- 
poses the  money  may  have  been  expended  durinj^  the  month. 

Sec.  IV.  Be  if  further  evaded.  That  the  above  appropriation   be 
Application   applied  exchisivel3s  anil  distributed  pro  7uia,  to  the  sick  and  wound- 
ed, according  to  their  necessities,   at  the  ditilsrent  permanent  and 
temporary  Hospitals  at  the  various  military  positions  occupied  by 
troops  from  this  State,  within  the  State  of  Virginia  and  elsewhere. 
Sec.  V.  That  the  said   association   shall   employ  a  competent 
^     Agent  or  Agents,  whose  duty  it  shall  be  to  look  up  and  take  charge 
appo"intecito  of  all  Hospltals  and  other  stores  in  transition,  intended  fo.*'  Geor- 
h'ospit'ai       gia  troops  ;  and  to  have  said  stores  and  supplies  promptly  forwar- 
ded to  their  destination  :  said  Agent  or  Agents,  to  be  located  at 
to"bp  "Seated Riciimond,  Vii-ginia,  or  at  such  other  place  or  places  as  said  Asso- 
ciation may  determine  to  be  necessary  to  carry  out  the  objects  of 
this  act  ;  and  the  said  appointee  shall  receive  such  compensation 
Their  com-  from  Said  Board  of  Managers,  out  of  the  foregoing  appropriation, 
as   may   be    reasonable,  and  be   discontinued   at  any   time   said 
Board  may  determine. 

Assented  to  December  10,  1861. 


TITLE  XII. 


GREAT  SEAL  OF  THE  STATE. 


Section  1.  Commissioners  Appointed  who,  in 
co-operation  with  Secretary  of  State 
are  to  prepare  a  new  Great  Seal  ol 
the  State. 


Sec.  2.  When  new  Great  Seal  is  agreed  upon, 
it  shall  be  used  as  such  in  lieu  of  the 
old  one. 


(iNo.  30.) 
An  Act  to  alter  the.  Great  Seal  of  the  State  of  Georgia. 

Section  I.    The    General    Assembly  of  Georgia  do  eneict,  That  S. 
comm'rB..ap.g.  Stafiord  aud  G .  N.  Lcstcr  aud  B.  H.   Bigham  be,  and  they  are 

pointed   who,  .  1    ^-»  •       •  •  i*  'xl      i'i    -.    C  ,^u^ 

withso<'y.ofij(.j.^.ijy  appointed  Connnissioners  m  co-operation  with  the  ^ecie- 
prepVreTnow  ^ary  of  Stutc,  to  prepare  a  new  Great  Seal  for  the  State  of  Geor- 
turstatr'^^gia,  and  to  make  all  necessary  preparations  and  arrangements   to 

brin'^  the  same,  as  agreed  on  by  said  Commissioners,  into  use. 

Sec.  II.  Beit  further  enacted,  That  so  soon  as  the  G  reat  Seal  is 

When  agreed  agreed  upon  and' prepared,   as  provided  in  the    foregoing  section, 

Sin"»te^  the   Secretary  of  State  shall   forthwith   use  it  instead  of  the  Seal 

'^  °"^  ""'■   DOW  in  force  ;  and  all  attestations  under  the  new  Seal  shall  from 

then  thenceforth  be  valid.* 

Assented  to  December  14,  1861. 

'This  act  was  passed  in  obedience  to  the  requirements  of  the  latter  clause  of  the  !tth  Iteni 
of  the  '2d  Section  of  the  3d  Article  of  the  new  Constitution  of  the  State,  which  declares  that 
'•  the  General  Assembly  slmll,  at  their  first  session  after  the  vising  of  this  Convention,  by  law 

*'To'"r  Act?heretofore  pns!.e"d  relative  to  the  Great  Seal  of  the  State,  the  devices  &c.  thereon, 
«ee  T.  R.  R.  Cobb's  new  Digest,  pp.  959,  DGO,  961. 


PUBLIC   LAWS— Insolvent  Debtors.  S9 

Act  to    abolish   imprisonment  for  Debt,   amended. 


TITLE  Xm. 


INSOLVENT  DEBTORS. 

Sec.  1.  Act  of  11  Dec.  185S,  to  apply  to   anylSKC.3.  Affidavit  must  be  made  to  truth  of  facts 
person  arrested  on  any  civil  process  ;  iu  tender  of  issue, 

and  notice  to  bo  given  by  plllV.  to  be 
ten  (iays.  I 

"    2.  CoutiLuanses  under  said  act.  | 

(No.  81.) 

Afi  Act  to  amend  an  Act  entitled  an  Act  to  aholish  imp?iso7immt  for 
debt,  on  certain  conditions  herein  set  forth,  and  for  other  imrposes,  as- 
sented to  December  11,  IS5S.* 

Section  I.  The  General  Assembly  of  Georgia  do  enact,  That  the  f„55'3''t„"„^ 
provisions  of  the  second  section  of  the  above  recited  Act,  be  aiidt^i-V'™"- 
the  same  are  hereby  extended  to  all  persons  arrested  under  aiiv'-v^""  p^ 
civil  process  whatever,  mesne  or  final ;  and  that  the  notice  required  ^^^^^.^  ^j^ 
by  said  Act  to  be  given  to  the  PhiintifF,  shall  be  ten  days,  which  j^*;^;;^' ^J*^^ 
shall  be  effected  by  personal  service.  ''"y"- 

Sec.  II.  A7hI  be  it  further  enacted,  That  in  no    event,  except  for 
Providential  cause,  shall  a  continuance  be  granted  to  the  Pl^^intiffc-j^'^,^"™^^ 
more  than  one  time,  nor  shall  such  continuance  delay  the  case  for 
more  than  thirty  days  from  the  day  of  arrest. 

Sec.  III.  And  be  it  further  enacted,  That  the  Plaintiff,  his  Agent ;^,|J^ft:^'„^, 
or  Attorney,  shall  be  required  to  make  affidavit  that  he  has  reason  l'^;*™^^^  ;,^a, 
to  believe  that  the  facts  set  forth  in  the  tender  of  issue,  are  true. i^^*^"^"  "' 

Sec.  IV.  Repeals  conflicting  laws. 
Assented  to  December  14,  1861. 

•This  Act  will  be  found  in  the  Acts  of  1858,  pp.  .59-60. 

Supreme  Court.  Derixinn. — When  the  term  to  which  a  ca.  sa.  is  retnrnnble,  is  adjourned  to- 
another  daj',  a  return  of  the  rn.  .svr.  to  the  iidJDUrned  term,  will  be  rcgulnr,  and  will  serve  aa 
the  return  required,  before  a  uri.  fa.  ag,ainst  tail  can  be  issued.     2'.1  Ga.  Kepts,  lil7. 

If  the  officer  arresting  a  defendant  in  ra.  .«(7.,  take  bond  for  his  ap])earance  at  the  Court  to 
which  the  ca.  sa.  is  returnable,  on  a  certain  day  which  is  not  the  day  appointed  for  the  sitting- 
of  the  Court,  and  the  defen<lant  appear  on  the  day  designated  in  the  bond  but  after  the  time 
appointed  forthe  holdmg  of  the  Court  and  after  its  adjournment,  the  security  is  not  responsi- 
ble.   It  is  the  mistake  of  the  arresting  officer.    31.  Ga.  liepts.  4~1. 


40 


PUBLIC  LAWS. — Insurance   Companies. 


Planters    Insuraiire  Trust  and    Loan    Company. 


TITLE  XI. 


INSURANCE  COMPANIES.^ 


Sec.  1.  Planters'  Insurance, Trust  and  Loan  Co.  Sec.  26. 

incorjwrated. 
"  2.  Ot>)<'ct8  of  the  Company;  its  powers  and 

privileges. 
"  3.  Capital  stock  ;  shares;  organization,  &c. 
"   i.  By-laws  ;    Principal    oliice,    Agencies, 

&.C. 

"  5.  Property  of  Co.  subject  to  taxation  as 
that  of  other  Insurance  Companies  in 
the  State. 

"  6.  Durationof  charter  30  years. 

"  7.  Foreign  capitalists  not  to  control  the 
Co. 

"  8.  The  Georgia  Insurance  Company  incor- 
porated. 

"  9.   Its  j)o\vtrs  and  privileges. 

"  10.  Organization,  by-lavrs,  &c. 

"  11.  Annual  meetings. 

"  12.  UusincBs  tube  divided  into  l..ile,  Fire 
and  .Marine  departments. 

"  13.  Careful  account  of  all  bui^iness  of  Co 
to  be  taken  annually. 

"  IJ.  Regulations  as  to  Life  department. 

"  15.  Personal  liability  of  Stockholdei-s. 

'•  Ifi,  The  Great  Southern  Insurance  Com-| 
pany  incorporated. 

"  17.  Commissioners  to  organize  the  Compa- 
ny- 

•'  18.  Subscriptions  to  stock. 

"  19.  Subscribers  to  stock  made  a  body  cor-! 
porate.    Corporate  nanie.      IJy-laws. 

"  20.  Wiien  Co.  may  organize.  Board  of 
Directors,  President,  &c. 

"  21. 1-:iigibilily  to  olUce  of  President,  and  of 
Directors. 

"  22.  Officers,  Agents,  «fec. 

"  23.  Subjects  of  insurance,  &c. 

"  2i.  Liability  of  Corporation  and  its  stock- 
holders. 

"  25,  Further  liability  of  individual  stock- 
bolders. 


28 


30. 
31. 


32. 

33. 

34. 
35. 

3f). 
37. 
38. 


Liability  of  Stockholders  after  they 

transfer  their  stock. 

Duration  of  charter. 

Southern  Insurance  Company,  capital 

stock,  &,c. 

Company    incorporated  ;     By-Laws, 

&c. 

Board  of  Directors  ;  President ;  Secre- 
tary or  Actuary. 

Powers  of  Directors  and  President  as 

to  OfHcera,  Agents,  &c. 

Subjects  of  insurance;  payment  of  los- 
ses, &c. 

Liability  of  Co.  and  Stockholders  for 

debts  of  Co. 

Payment  of  losses. 

Notes,  &c.,  payable  to  Co.  treated   as 

if  made  payable  in  liaiik- 

Duration  of  charter  30  years. 

I{ep(  alir.g  clause. 

Confederate  Fire  and  Marine  Insur- 
ance Company  of  Atlanta  incorporat- 
ed. 

Directors  and  President  ;    Secretary 

and  Treasurer. 

Organization  of  Co.;  capital;  shares, 

Arc. 

When  Co.  may  organize. 

Subjects  of  insurance. 

Company  may  re-inssure. 

Stock  notes,  and  payment  of  mstall- 
nif-nts. 

Principal  oilice  to  be  in  Atlanta. 

Co.  to  have  powers  and  privileges  of 
the  Southern  Mutual  Insurance  Co.  of 
Georgia. 

Directors  not  to  use  funds  of  Co.  Du- 
ration of  charier  30  years. 

Act  of  12  Dec.  1859,  repealed,  except 
as  to  Insurance  Cos.  m  the  United 
States  of  America. 


(No.  02.) 

An  Acl  to  incorporale  the  Planters^  Insurance,  Trust  ^  Loan  Comjiany, 
and  to  confer  certain  yoiccts  and  privilcdgcs  thereon. 

1.  Section  I.  Beit  enacted,  That  the  owners  of  the  shares  here- 
in authorized  to  be  issued  be,  and  are  hereby  made  a  body  politic 
'"  '°'  and  corporate  ;  and  as  such,  under  the  name  and  style  of  the  Plan- 
S^Vr^'r- ters'  Insurance,  Trust  &  Loan  Company,  may  purchase,  hold   and 
■•^  acquire  any  property  and  estate,  real  and  personal,  and   the  same 

may  use,  let,  lease,  mortgage,  transfer  and  convey,  and  otherwise  dis- 
pose of;  and  may  sue  and  be  sued,  plead  and  be  impleaded,  con- 
tract and  be  contracted  with,  and  use  a  common  seal,  and  the  same 
Bj4»w..      may  change  at  pleasure  ;  and  may   make  by-laws  and  regulations 

*  "Power  to  grant  Pn'.ices  of  Insurance  npon  Cotton  af^ainst  risks  by  fire  on  sea  or  land,  and 
to  act  as  Agent  for  European  Insurance  Companies  withm  the  State  of  Georgia,"  is  given  to 
tiio  'Direot  Trading  Company  of  Georgia,"  incorporated  at  the  present  session.  See  Act  No. 
2,  Title  "Agriculture  and  Commerce." 


Tcm'Tt  and 


PUBLIC  LAWS.— Insurance   Companies.  41 

Planters  Insurance    Trust  and  Loan  Company. 

for  the  management  of  their  affairs,  and  have  and  use  all  the  rights, 
powers  and  privileges  which  may  be  necessary,  or  proper  for  them 
to  have,  use  and  enjoy  as  an  incorporated  Company  ;  FroviJcd, 
said  company  shall  not  hold  in  this  Sta^e,  at  any  time,  more  real 
estate  than  may  be  necessary  for  the  convenient  transaction  of 
business,  unless  it  be  purchased  io«a//'(/e,  in  payment  of  debts. 

2.  Sec.  II.  The  purpose  of  this  act,  is  to  organize  an  incorpo- 
rated  company,  whose  capital,  or  sncli  part  thereof  as  they  may 

deem  expedient,  may  be  invested  in  Kailroad  Company  Bonds  andoi-iectsoftho 

T         1  IT  1  •  •    •  1   •     1     1      •  1  1  "■"'■poratiou. 

shares,  and  other  public  and  private  securities,  wdiich  being  placed 
in  Europe  or   elsewhere,  may  be  sold,  or   else   become   the   basis 
of  a  credit,  enabling  such  Company  to  obtain  money  or  credit  up- 
on such  time  and  u})on  such  terms,  as   to  enable    thorn  to  use  the 
same  in  loans  and  advances  to  Railroad  Companies,  Planters,  Man- 
ufacturers and  others,  at  a  less    rate  of  interest,  and  for  a  longer 
period,  than  such  loans  and  advances  are  usually  made  by   banks  ;s(ibwt3  of 
and  also  to  authorize  them    to  insure  houses,  goods,    and  all  spe-"""^"'""^' 
cies   of  property,  against  damage   or  loss  by  hre  or  water,  or  any 
other  casualty  ;  and  also  to  make  Insurance  of  lives,  and  to  guar- 
antee  the  payment  of  notes  and   bonds,  and  the  performance  of 
the  contracts  of  companies,  corporations,  and  individuals  ;  and  to 
authorize  them  as  a  Company,  to  make  all  requisite  contracts,  and  company 
especially  to  receive  and  hold  on  deposit  and  in  trust,  any  estate  ""-ft  ^.."'tatrs 
or  property,  real  and  personal,  including  notes,  bonds  and  accounts, ;;"a''ilavo*'"' 
and  the  same  to  pui'chase,  collect,  adjust  and  settle,  and  to  sell  andJlleTame".  ''^^ 
dispose  thereof,  in  any  market  in  the  Confederate  States  or  else-May  advance 
where,  for  such  price,  and  upon  such  terms,  as  may  be  agreed  on™;yTcx- 
between  them  and  the  parties  contracting  with  them  ;  and  also  to '■''*"=*• 
make  advances  of  money  and  of  credit,  and  to  deal  in    exchange, 
foreign  ana  domestic.  ,j  ^^^  ^^  ^^ 

3.  Sec.  III.  That  the  capital  of  the  Company  shall  consist  of  *Jiw]a;'^i;^ 
shares  of  one  hundred  dollars  each;  and  thatlitty  per  cent.  thereofu«iMiandm- 
shall  be  appropriated  lor,  and  used  as  the  active  capital ;  and  that 

fifty  per  cent,  thereof  shall  be  invested  by  the  Directors,  in  good 
securities,  and  held  as  a  fund  reserved  and  pledged  for  the  payment 
of  any    contingent  liability    which    may    be  created  in  the  course 
of  the  business  of  said  Company ;  and  should  any  part  of  the  re- 
served fund  be,  at  any  time,  used  in  payment  of  such  liability,  it 
shall  be  the  duty  of  the  directors  to  reinstate  the  sum  thus  taken 
for  that  use,  by  appropriating  thereto,  so  much  of  the  current  in- 
come of  the  Company  as  may  be  re{pnsite  therefor;  and  no  distri- 
bution of  profits  shall,  at  any  time  be  made,  so  long  as  there  may 
be  any  deficiency  whatsoever    in  the   fund  reserved  as  aforesaid  : 
and  Duff  Green,  William  Moughon,  Augustus  Seaborn  Jones,  Wil-j,^^^^,^,    t^ 
liam  B.  Johnson  and  John  L.  Jones,   are  hereby  appointed  Com- jjp^^jj^.'.'jl'p. 
missioners  ;  and  they  or  a  majority  of  them  may,  in  person  or  by '^°'" '"  ""'''• 
proxy,  at  such  times  and  places  as  they  may  deem  expedient,  open  ^^"j;^'^7„^'^ 
books  of  subscribtion ;  and  when  tour  thousand  shares  shall  have||'|',"^;,!^""„V'^'^ 
been  paid  in,  or  satisfactorily  secured,  the  subscribers  may  proceed ^',','^"|;^\^' 
to  organize  the  company,  by  the  election  of  four  or  more  Directors ; '"'^""'^ 


bed 
in  or 


^  PUBLIC  LAWS.— Insurance  Companies. 


Planters  Insurance  Trust  and  Loan  Company. 


Board  of  Di- 
rectore. 


and  the  directors,  (three  fourths  of  whom  shall  be  citizens  of  the 
Confederate  States,)  are  hereby  authorized  and  empowered,  in  the 
name  and  behalf  of  said  Company,  to  have  ard  exercise  all  the 
ct'°may  bJ"g^^^'  powers  and  privileges  which  are  intended  to  be  herein  giv- 
fromYrie  to^"  5  ^^^^  may,  irom  time  to  time,  increase  the  resources  of  the  Com- 
*'°"'-  pau}',  by  borrowing  money  on  the  pledge    of  their  property,   or 

■Who may  without  sucli  plcdgc.  Or  by  new  subscriptions  ;  and  any  citizen  or 
^n^.We8ingui,ject,  company  or  Cori)oration,  of  any  State,  Government  or 
country,  may  subscribe  for,  purchase,  own  and  hold  shares,  in  the 
said  Company  ;  and  the  owners  of  such  shares  shall  each  be  lia- 
fc^X-Vb^nghle  for,  and  bound  to  pay  the  said  Company  the  sums  due.  or  to  be- 
S'tock'imider'ii  come  due  upon  such  shares  ;  and  which  sum  or  sums  being  paid, 
furthef pa/""^ such  owner  shall  not  be  liable  for  any  further  payment  on  account 
Neu^Bub  thereof;  and  when  new  subscriptions  are  made,  the  shares  may 
scriptioue.     ]-,g  issued  at  par,  or  sold  for  the  benetit  of  the  owners  of  the  shares 

By-lawe;  and  prOvlOUSly  isSUCd. 

mayVrowde      4.  Sec.  IV.  Tlic  by-laws  may  priscribe  the  number  of,  and  the 
'°^-  manner  in  which  the  Directors  and  Officers  and  Agents  of  the  Com- 

Principai  of- pany  shall  be  appointed,  and  designate  their  terms  of  service,  pow- 
JWn^*'' *'  ers,  duties  and  compensation:  the  principal  office  shall  be  at  ]Ma- 
°tTbMBh'"*^con  in  this  State;  but  the  Directors,  under  such  rules  and  rcgula- 
a^deTi^°^tions  as  they  may  approve,  may  establish  branches  and  agencies 
SsJXe?".*^  in  Europe  and  elsewhere  ;  and  the  said  Directors  may  require  all 
^ffioer'may  thc  officcrs  aud  agcuts  of  the  said  Company,  to  take  an  oath  that 
uk'flfithey  will  faithfully  and  honestly,  to  the  best  of  their  ability,  dis- 
mll'oudifct  charge  their  duties  as  such  ;  and  any  such  officer  or  agent  misap- 
agenfs?"'  '"' pi'op Hating  the  assets  of  said  Company  or  of  any  creditor  thereof, 
witli  fraudulent  intent,  shall  be  personally  liable,  and  all  the  prop- 
erty and  estate  of  such  officer  or  agent,  shall  be  subject  to,  and 
Officer  or  ayt.jjound  for  tlic  pavmcut  of  any  dania<;e  or  loss  which  the  said  Com- 

mieappropn-  i  •  i  r  ,• 

atingfuuds  ofpany  or  creditor  thereof,  may  sutler  on  account  of  such  misapnro- 

Co.   guilty   ol-l..'.  ii>  •/> 

felony.  priatiou  ;  and  such  oihcer  or  agent,  npon  conviction  of  such  mis- 
appropriation, shall  be  held  to  be  guilty  of  felony,  and  may  be 
fined  in  a  sum  not  exceeding  one  thousand  dollars,  and  imprisoned 
in  the  Penitentiary  of  this  State,  for  a  term  not  exceeding  ten  years, 
at  the  discretion   of  the  Court   befure  whom  such  conviction  is 

Capital  iiBid    had. 

to"uxationf  5.  Sec.  V.  So  muchof  the  capital  of  the  said  Company  as  may 
othV'w  ^e  used  within  the  limits  of  this  State,  shall  be  assessed  in  the 
thustat'e';  '"same  manner,  and  there  shall  be  paid  thereon,  the  same  tax  as  is 
assessed  and  paid  on  the  capital  of  other  Insurance  Companies 
d^Sae.^'"*     in  tliis  State ;  and  all  acts  and    parts  of  acts  conflicting  with  the 

provisions  of  this  act,  are  hereby  repealed. 
Sarter"S.yrs.      G.  Sec.  VI.  That  this  act  shall  take  effect  and  be  in  force,  for 
thirty  years  from  and  after  its  passage,  and  until  the  same  be  modi- 
fied or  repealed. 
faiuu^iiot^'to      7.  Sec.  VII.  Be  it  further   enacted,  That  nothing    contained  in 
^l^rition.  f^^^s  act,  shall  be  so  construed  as  to  give  to  Foreign  Capitalists  a 
controlling  influence  in  this  corporation  ;  but  the  same  shall  al- 
ways be  under  direction  and   control  of  the   share-holders  of  the 


PUBLIC   LAWS. — Insurance  Compames.  43 

Georgia  Mutual  Insurance  Compauy. 

Confederate  States  of  America,  or  a  majority  of  the  Stock  owned  ,';;xi'.rs^to°'bJ 
by  them  ;  Provided,  that  they  shall  publish  once  a  year,  during  j;;;,'^^;'^'^^^^;^^ 
the  time  that  they  shall  continue  in  business,  a  list  of  the  Stock- "J™;^?'*?'"^ '"^ 
holders  in  some  newspaper  published  in  this  State. 
Assented  to  December  12,  ISGl. 

(No.  33.)  • 

An  Act  to  i?icorporafe  the  Georgia  Mutual  Insurance  Cornpany. 

8.  Sec.  I.    The   General  Assembly  of  Georgia   do  enact,  That  Wil- corporatorB. 
liam  King  of  Charleston,  A.  J.  Brady  of  Fulton,  J.  J.  Gresham  of 
Macon,   E.  P.  Clayton  of  Richmond,  J.  W.  Wheatley  of  Sumter, 

and  R.  McLeod    of  Cobb,  be   (Commissioners  to  receive  subscrip-J'";  ^r/p^* 

'  1      Mutual   lueu- 

tions  to  the  stock  of  a  Company  to  be   known  as  the  "Georgia  r"""- C"- 
Mutual  Insurance  Company  ;"  the  capital  stock  shall  consist  of  two^'y;;,[';'„o"*"':^ 
thousand  shares  of  one  hundred  dollars  each.  ij^ioo'eharcs. 

9.  Sec.  II.  When  all  the  stock   shall  have  been  subscribed,  the 
Commissioners  shall  give  notice  to  the  subscribers,  who  shall,  with  \';]^7,;!,^,"J"^ 
their  successors,  constitute  a  body  corporate,  with  all  the  powers 

and  privileges   usually   belonging  to    a  corporation,  and  with  the 

right  to  make  any  and  every  kind  ot  insurance   not   inconsistent  f/.rj'uce'''^'"* 

with  the  laws  of  this  State  or  the  Confederate  States. 

3  0.  Sec.  III.  The  Commissioners  shall  call  the  Stockholders  to-,.rth""'co" 
gether,  as  soon  as  may  be  convenient,  to  elect  twelve  Directors,  who  oin,'."r«'" 
shall  elect  officers,   adopt  by-laws,  and  organize  and  manage  all  theNo'i'um"rauce 
business  of  the   Company  ;  but  no  insurance    shall  be  made  until  I'm  *ioo,ooo 
one  hundred  thousand  dollars  of  the  capital  stock  shall  be  paid  up.piidui. 

11.  Sec.  IV.  The  annual  meeting  of  the  Company  shall  be  on  hu"rco'.'"'tJ 
the  first  Tuesday  in  February  in  every  year,  when  new  Directors ,'iayiuFiVy:; 
shall  be  elected,  who  shall  remain  in  office  until  their  successors n.-torrBiiuu' 
shall  be  chosen.  ''"' ''""'  ' 

12.  Sec.  V.  The  business  of  the  Company  shall  be  dividtui  intocrtrbern 
three  departments.  Life,   Fire,  and  Marine  ;  and  the  receipts  and  n'rnts,  Lffe," 
investments  and  profits  of  each,  shall  be  kept  entirely  separate.        rims^ndpro- 


lita   of  each 
aratc. 


13.  Sec.  VI.  During  the  month    of  January  in   every  3'^ear,  ak'pt'g,™ 
careful  and  exact  calculation  shall  be  made  of  the  earnings  of  the"n,"7c.fbuR- 
capital  stock,  and  of  each  of  the  three  departments  of  the  Compa-|"p'„Hmentu' 
ny's  business,  after  making  an    ample  allowance  for  claims,   bad  j",|,'"''o7cach 
debts,  risks  not  yet  terminated,  and  every  other  liability ;  one-fourth^'"- 
of  the  insurance  earnings,  with  all  those  of  the  capital  stock,  shall 
belong  to  the  Stockholders,   and   be  disposed  of  as  the  Directors 
may  determine  ;  the  other  three-fourths  shall  belong  to  the  insur- 
ed, and  shall  be  divided  among  the  insurers  in  each  department,  in 
scrip,  (after  paying  interest  on  scrip  already  insued,)  in  proportion  oth^r  rpguia- 
to  the  profits  in  each  department,  and  to  the  premiums  on  risks  ter-compa^V 
minated  or  renewed  during  the  preceding  year,  without  loss  ;  this 
scrip  shall  not  be  issued  for  fractions  of  a  dollar  ;  it  shall  be  re- 
tained by  the  Company  as  security  when  any  insurer  is  in  its  debt; 
and  when  all  the  scrip  in  any  department,   excepting  the   oldest, 
shall  amount  to  two  hundred  thousand  dollars,  then,  the  oldest 
shall  be  paid  ofl';  if  there  shall  be  in  any  year  no  insurance  earn- 


44  PUBLIC  LAWS.— Insueance  Companies. 

Great   Soutbera    Insurance  CompoDy. 


ings  in  any  one  of  the  departments,  a  portion  of  its  scrip  issued  in 
previous  years  shall  be  cancelled,  ecpial   to  the  deficiency  of  the. 
year  beginning  with  the  last,  and  then  with  the  preceding  years, 
luvestmcutB  and  so  on  to  the  first. 

g^rtme'it^to       14.  Sec.  VIL  The  investments  in  the  Life  Department,  shall  be 
g^nf-^^'-jf"!;;,^ only  in  State  or  Confederate  States  Bonds,  or  in  bond  and  mort- 
*°'ll"oui'ii"  S^o*^  on  real  estate,  with  twice  the  amount  of  the  bond, 
estate.  15.  Skc.  VIII.  Thc  Stocklioldcrs  shall  be  individually  responsi- 

Liiity  of       ble  tor  all  the  liabilitjes  of  the  Company. 
Sec.  IX.  Repeals  conflicting  laws. 

Assented  to  December  17,  18(51.  ' 

(No.  34.) 

A71  Act  to  incorporate,  in  the  State  of  Georgia,  an  Insurance  Co7npa7iy, 
to  be  called  The  Great  Southern  Insurance   Company. 

Whereas,  The  wants  of  the  Southern  States  greatly  demand  in- 
Preambio.  crcased  facilities  for  the  insurance  of  properties  of  all  kind,  to  take 
the  place  of  the  Northern  Companies  which  have  heretofore  occu- 
pied this  field  for  the  employment  of  capital,  and  many  of  said 
Northern  Companies  being  unknown  to  the  people  of  the  South, 
and  some  of  them  wholly  irresponsible  ;  And  whereas,  the  policy 
of  our  State  should  be  directed  to  the  encouragement  of  capital 
into  this  desired  channel,  and  to  the  building  up  of  sound  and  re- 
sponsible Insurance  Companies  in  this  State: 

IG.  Section  I.  Be  if  therefore  enacted.  That  there  shall  be  es- 
$2!5a*!ono?''''tablished  in  the  State  of  Georgia,  an  Insurance  Company,  the  cap- 
sharcs  tobe  ^^^^  stock  of  which  shall  be  two  and  one-half  millions  of  dollars,  to 
TheGreat  ^^  dlvldcd  luto  sliarcs  of  one  hundred  dollars  each  ;  the  same  to  be 
Southern  lu- learned  The  Great  Southern  Insurance  Comi)anv. 

suraace  Co.  I 

17.  Sec.  II.     Be    it  further  cuarted,    That   Robert  Habersham, 
Charles  Green,  Gazaway  B.  Lamar,  William  Battersby,   Andrew 
Low,  John  W.  Anderson,   of  the  county  of  Chatham,  and  John 
Bones,  Thomas  S.  ]\Ietcalf,  B.  H.  Warren,  Edward  Thomas,  John 
Davison,  E.  W.  Dougherty,  B.  S.  Duiil)ar,  William  J.  Owens,  Kob- 
CT,Tir'^r"  ert  H.  May,  Jesse  A.  Ansley,  and  William  A.  Ramsay,  of  the  couu- 
iietbeco.    ^y  of  Richmond,  and  James  Ormond,  S.  Hoot,  W.  F.  Herring,  and 
F.  R.  Shackelford,  of  the  county  of  Fulton,  and  John  L.  Jones, 
Isaac  Scott,  J.  B.  Ross,  B.  F.  Ross,  Asher  Ayres,  James  A.  Ral- 
ston, Elam    Alexander,  Pulaski  Holt,  James  A.  Nesbit,  and  Wil- 
liam B.  Johnson,  of  the  county  of  Bibb,   and  Robert  M.  Gunby, 
Daniel  Griffin,  David  Adams,    VV.  H.  Hughs,  L.  T.  Downing,  W. 
J.  McAlister,  J.  G.  Strupper,  James  F.  Bozeman,  J.  P.  lllges,  Jas. 
Ennis,  W.  H.  Young,  of  the  county  of  Muscogee,  shall  be  appoint- 
ed conmiissioners  for  the  purpose  of  organizing  said  Company,  ac- 
cording to  the  provisions  hereinafter  made. 
Books  may  1,6      18.  Sec.  III.     Bc  it  fuTther  cuacted ,  That  any  three  of  the  com- 
gubsTripaons  i^issioners  in  their  respective  counties  aforesaid,  may  open  books 
to  stock.       Qf  subscription,  after  thirty  days  previous  advertisement  of  the 


PUBLIC  LAWS — Insurance  Companies.  ^ 

Great    Southern  Insurance   Company. 

fact,  in  the  cities  of  Savannah,  Columbus,  Augusta,  Macon,  and 
Atlanta,  to  receive  subscriptions  of  the  capital  stock  of  said  Com- 
pany, until  the  sum  of  one  million  of  dollars  is  subscribed  for,  and  n,.  prreonRi- 
no  person  shall  be  allowed  to  subscribe  for  more  than  250  shares 8"."ibefo/"'" 
of  said  stock;  but  this  shall  not  prevent  an)- person,  after  the  or- Xren'Tit^ 
ganization  of  said  Company,  from  owning  more  than  250  shares,  "lo^j.a'i^"^'™- 
by  purchase  or  otherwise.  saiiizuuouof 

19.  Sec.  IV.  Be  it  Jurtlicr  enacted,  That  those  who  shall  be- s„,,3„ibp„ 
come  subscribers  for  said  stock,  as  above  mentioned,  their  succes-th,'f"'=^^,^j;^^_ 
sors  and  assigns,  shall  be,  and  they  arc  hereby  created  and  made,  a ^t^';j'""=°'i'°''- 
body  politic,  by  the  name  and  style  of  The  Great  ^Southern  Insur-,^J";','JoS* 
ance  Company;  and  by  that  name  shall  be,  and  are  hereby  niade  ^^",';,\','^?;f'^„^"' 
capable,  in  law,  to  have,  purchase,  receive,  possess,  enjoy,  and  re-p„„.„^  ^^^ 
tain,  and  sell  property  of  all  kinds;  to  sue,  and  be  sued;  to  makeP"''''^8*''- 
and   use  a  common  seal,  and  break,  alter,  and  renew  the  same 

at  pleasure;  to  ordain,  establish,  and  put  into  exucution 
such  by-laws,  rules,  and  regulations  as  shall  seem  necessary  ^^■"''"'''• 
and  convenient  for  the  government  of  said  corporation,  not  con- 
trary to  the  laws  and  Constitution  of  this  State,  or  of  the  Confed- 
federate  States  ;  and  generally  to  do  all  acts  and  things  as  shall 
appertain  to,  or  be  necessary  for  the  carrjnng  into  ciiect  the  ob- 
ject and  purposes  of  said  cor^^oration. 

20.  Sec.  V.     Be  it  further  enacted.  That  the  said  commissioners 

shall  immediately  after  as  much  as  one  million   of  dollars  of  the  o/'compHn". 
stock  of  said  corporation  shall  have  been  subscribed  for,  and  twen- n Xrs" 
ty  dollars  per  share  paid  to  them,  call  a  meeting  of  the  stockhold- 
ers, to  be  held  in  the  city  of  Macon;  they,  the  stockholders,   shall 
proceed  to  organize  said  cor[)oration,  by  the  election  of  not    less 
than    fifteen,  nor   more   than  thirty-one  Directors,  a  majority  of 
wdiom   shall   constitute  a  quorum;  and    the  said  Directors  shall  „    .,   , 
elect  one  of  their  number  as  President;  after  which,  the  said  com- ^,,^  p,^^^^  ^^ 
missioners  shall  turnover  said   books  of  subscription  and  money  J^^j''^;/;,f_','[.*, '" 
paid  in,  to  said  I'resident  and  Directors;  and  said  President  and '""if  "'^^''  "j"; 

1  '  '  lumily  on    Ist 

Ditectors  shall  annually,    on  the  1st  of  July  in  each  succeeding  f;^''];-^;;]^^^^" 
year,  or  such  other  day  as  they  may  appoint,  call  a  meeting  of  thef^;'>'  ««  '^Hv 
stockholders  at  such  point  as  they  may  direct,  first  giving  thirty  fV*y»^^^^j_ 
days  notice  thereof  in  the  city  papers  ;  at  which  time  the  stock- ;■;;  ^"  •'•^  «'^- 
holders  shall  elect  Directors  for  the  ensuino;  year ;  and  the  Direc-„.   .  ,  , 

o   J  '  Priunipal  of- 

tors  shall  elect  a  President,  whose  duty  it  shall  be  to  locate  and  {^;',;;.'(_^<^^j,^'" 
establish  the  principal  office  of  said   Compan}^  in  the  city  of  Ma-'™- 
con. 

21.  Sec.  YI.  Be  itjurthn  enacfrd,  That  the  Directors  and  Pres-SL'^MlfpU^ 
ident  shall  be  elected  from  the  stockholders  of  said  Company  ;  and''"''"'""''""- 
that  no  person  shall  be  eligible  as  a  Director,  except  he  own  in  ^a^SlX'r^ef"' 
his  own  right,  50  shares  of  the  stock  of  said  Company;  and  fur- pj^^yy"*'"  ^^ 
ther,  that  there  shall  be  one  vote  for  each  share,  and  that  absent  pmsf  and  oi- 
stockholders  may  vote  by  proxy.  ln,""t  "nJ 

22.  Sec.  VII.  Be  it  further  enacted,  That  said  President  and  Di-[;,',raud""'"" 
rectors,  shall  have  power  to  appoint  and  remove  at  pleasure,  all  pf'-'^r/ibe"*^" 
officers  or  agents  of  said  corporation;  to  prescribe   their  duties, 'jJe."' ''"'"■'' 


m 


PUBLIC  LAWS — Insurance  Companies. 


Great  Southcra  Insurance  Company. 


^'^*r'^°aud°'^take  from  them  bonds  for  the  faithful  performance  thereof,  to  fill 
KiirvBcan.i.- ^^y  vacducies  that  may  occur  in  their  Board,  and  appoint  a  Presi- 
r"c^)r«.  and '"  dent  2>^o  tcm.  in  the  absence  of  the  President;  and  further,  that 
i^r?^'de 't  pto said  President  and  Dn-ectors  shall  have  power,  from  time  to  time, 
mTv  call  for  to  call  for  the  payment  of  the  unpaid  stock,  in  such  sums  as  they 
Sn^"d"It"rk  may  deem  proper;  and  said  stock  shall  be  considered  and  held  as 
coniw'-red""  personal  property  ;  and  upon  the  neglect  or  refusal  of  any  stock- 
pt-Mouai  pro-ijQitJei-  to  pay  the  installments  on  his  stock,  as  called  for  by  the 
^fj^'^^y*^^';  President  and  Directors,  then,  upon  ten  days  notice  being  given  in 
atocktobe  ^^^  ^^  more  of  the  city  papers,  said  Board  may  sell  such  stock,  at 
aoM*'""^  ^'"'public  outcry  ;  and  said  delinquent  stockholder  shall  still  remain 
stilikC-rs  liable  for  any  balance  due,  or  which  may  become  due  by  him  to 
f'" '•"''''•  f^'"' said  corporation,  and  may  be  sued   thei'cfor,  in  any  court  havin*? 

balance  due,  1  '_•'_  .'  i,i 

and  bo  Biud  jurisdiction  ;  and  said  President  and  Directors  shall  also  have  the 

therefor.  J  ^' 

Prent. and Di- pQYvtjr  to  glve  thc  lioldcrs  of  the  policies  of  said  corporation,  the 

rectors  mav      f  ~..  .  r-pi  •  i 

allow  hoi(f.rBi.jgijt  to  participate  in  the  net  proiits  of  the  corporation,  to  such  ex- 

of  pohcieB   to       O  1  i  i  1       ,  J.1  1 

participate  iu  tout,  aiul  lu  sucli  luanuer,  and  upon  such  terms  as  tiiey  may  deem 
5vaneferof  J  proper ;  aud  no  stockholder  shall  have  power  to  transfer  his  stock 
in  said  corporation,  so  long  as  he  is  a  debtor  to  said  cor'poration  for 
money  borrowed,  premiums  due,  or  installments  unpaid. 

23.  Sec.  VIII.  Be  it  further  enacted,  That  said  corporation  shall 
have  anthoi'ity  to  insure  against  losses  by  fii'e,  on  all  kinds  of  prop- 
snbjecte  of   crty,  either  real,  personal,  or  mixed,  or  choses  in  action;  also, 
insurance,     g^g^j^jg^  ^j^^  hazards  of  ocean  or  inland  navigation,  and  transporta- 
tion of  every  kind  ;  and  also  upon  the  dui-ation  of  human  life,  for 
such  premiums  as  it  may  detei'inine;  and  said  coi'poration  shall  be 
liable  to  make  good  and  pay  to  the  several  persons  who  may  insure 
in  said  corporation,  for  the  losses  they  may  sustain,  or  for  life  insu- 
rance, in  accoi'dance  only  with  the  terms  of  the  contract  or  policy 
How  poiicieB issued  by  said  corporation;  and  no  policy,  or  other  contract  of  said 
miiBt^""  "^"^ "  corporation  ehall  be  binding,  except  it  be  signed  by  the  President 
buTdiugouCoaud  Secretary  of  said  corporation-  and  said  corporation  shall  have 
Other  power. power  to  recclve  money  on  deposit,  to  loan  and  borrow  money,  to 
""''"'"^■take  and  give  such  securities  therefor  as  may  be  considered  best,  to 
invest  its  moneys  and  transfer  its  properties  at  pleasure,  to  pur- 
chase and  discount  notes  and  bills  of  exchange,  and  do  all  other 
acts  it  may  deem  advisable  for  the  safe  keeping  and  secure  invest- 
ment of  its  funds ;  Provided,  That  nothing  herein  contained  shall 

WottOHiUO  ,1  .  •    t  J-  J  1  J  1     "11 

bills  for  circu- be  coiistrucd  to  authorize  said  corporation  to  make  any  note  or  bill 
ney.  to  circulate  as  a  bank  bill,  or  to  issue  any  security  to  be  circulated 

as  money  ;  Ajid  it  is  further  enacted,  That  said  corporation  shall  have 
M.yre-iniiirepQ^ygj.  ^jjj  authorlty  to  iiiakc  re-insurance  of  aoy  risks  that  may 

be  taken  by  them. 
Liabiiit   of       ^'^^  ^^'^-  ^^'  ^^  it  further  enacted,  That  said  corporation  shall  be 
'/°o?\ndi-  responsible  to  its  creditors,  to  the  extent  of  its  property;  and  the 


Tid.iai  "tock-gj^Qcktjolders  shall  be  liable  to  its  creditors,  to  the  extent  of  the 

boldera. 

amount  of  their  respective  stock  not  paid  up. 
biiity^of  in-       so.  Sec.  X.  Be  it  further  emicted,  That  the  stockholders  shall  be  in- 
iockhoidere  divldually  liable  for  the  debts  of  said  corporation,  in  proportion  to 


PUBLIC  LAWS. — Insurnnce  Companies.  47 


Southern    Insurance    Company. 


IT    trauBl'er 


the  number  of  shares  owned  or  held  by  each,  to  the  extent  oft^J^^.^'o^''"*" 
double  the  amount  of  stock  so  owned  or  held  by  them. 

26.  Sec.  XL  And  he  it  further  enacted,  That  no  stockholder  in  said 
Insurance  Company  shall  be  allowed  to  transfer  his  stock  in  said  staSrld 
Company,  at  any  time,  by  means  of  which  he  shall  be  reheved  froniol^'st 
any  liability  incurred  by  said  Company,  or  existing  at  the  time  of 
said  transfer;  but  said  stockholder  shall  continue  to  be  liable  for 

all  liabilities  or  indebtedness  of  said  Company,  existing  at  the  time 
of  said  transfer, 

27.  Sec.  XII.  Be   it  further   enacted.  This    charter    and   all  its  Dnration  of 
privileges  and  powers  herein  granted,  shall  continue  in  force  for  the '''"'''' ^"'" 
term  of  fifty  years  from  the  25th  day  of  December,  (1S61)  eighteen 
lumdred  and  sixty-one. 

Sec.  XIII.  Repeals  conflicting  laws. 


Assented  to  December  17th,  1S6L 


(No.  35.) 

An  Act  to  incorporate  an  Insurance  Company  in  the  City  of  Savannah, 
to  he  called  the  Southern  Insurnnce  Conqiany. 

2S.  Section  I.  Be  it  enacted,  That  there  shall  be  established  in s^.ntwn  in- 
the  city  of  Savannah,  an  Insurance  Company,  the  capital  stock  of  ca'tXr stock 
which  shall  be  three  hundred  tiiousand  dollars,  but  which  may  beM^ybr  in- 
increased  to  one  million  dollars  should  the  interest  of  the  Company 'finiMMRi.'' 
require  it,  to  be  divided  into  shares  of  twenty  dollars  each;  but^X'"  *^"'* 
said  Company  may  proceed  to  organize  when  one  hundred  thousand  sRni"'"'^whoD 
dollars  have  been  subscribed,  and  five  per  cent  paid  thereon.  *wihrd  t 

29.  Sec.  TI.  Be  it  further  enacted,  That  George  Patten,  E.  H.  B a- ""•''' ^'•'"• 
con,  William  Cox,  George  W.  Garmany,  S.  S.  lililler,  E.  E.  Hertz, '^°''"'"'"'- 
J.  W.  Gaut,  V.  W.  Skiff,  Aaron  Wilbur,  J.  H.Graybill,  or  any  five 

of  them,  citizens  of  the  city  of  Savannah,  their  associates  and  suc- 
cessors, are  hereby  created  a  body  corporate,  under  the  name  andS'^tbcm  in- 

'  .'  J  I  ^  Riirancc  Co. 

style  of  the  Southern  Insurance  Company;  by  which  name  they '"''"•p""^"'''^- 
may  have,  purchase,  receive,  possess,  enjoy  and  retain,  and  sell  pro-  ^"^"J'^''^ 
perty  of  all  kinds;  sue  and  be  sued,  have  and  use  a  common  seal 
which  they  may  break,  alter  and  renew  at  pleasure,  elect  its  own 
officers,  and  make  such  by-laws,  rules  and  regulations  as  may  be  By-i«»«. 
deemed  necessary  to  carry  into  effect  the  objects  of  this  corpora- 
tion. 

30.  Sec.  III.  Be  it  further  enacted,  That  said  Corporation  shall  be  ^^^^^  ^^  ^^ 
managgd  by  not  less  than  seven  Directors,  a  majority  of  whomr.ctoM. 
shall  constitute  0  quorum  for  the  transaction  of  business;  each  of^„.  .,.,..     , 

±  f  KheibilitT    of 

which  Directors  shall  be  a  stockholder  to  the  amount  of  one  hun-ttif^t""- 
dred  shares,  who  shall  be  elected  at  such  time  and  place  as  the  cor-KUftiouof 
porators  and  their  successors  may  designate  ;  and  hold  their  orace 
for  one  year,  or  until  their  successors  are  elected  ;    the  Directors 
aforesaid  shall,  out  of  their  number,  elect  a  President,  who  shall i*'"''^'^'- 
serve  for  twelve  months,  or  until  a  successor  be  elected,  and  fill  any 


4^  PUBLIC  LAWS. — Insurance  Companies. 

Southern  Insurance  Coinpany. 

vacancy  by  death  or  otlierwise,  in  the  office  of  President,  and  with 
Secretary  or  the  advicc  and  consent  of  the  President,  elect  a  Secretary,  Actua- 
offi^Hand  ry»  0^^  ^°y  other  officers  or  Agents,  whose  services  may  be  needed 
sgenu.  in  carrying  out  the  objects  of  this  Corporation  ;  a  vacancy  in  the 
vwancyin    J3oard  of  Dlrcctors  can  onlv  be  filled  bv  the  stockholders,  at  a  meet- 

Bd.  oi  l>iriT-  J    ^  ^ 

tora,  how  till- jj,g  \^q\(\  after  notice  of  the  time  and  place  of  meeting  ;  and  further, 
One  vote  f^rj-jjcjf;  ^herc  shall  be  one  vote  for  each  sliare^  and  that  absent  stock- 

fucii  snare.  _  '  .  ,  _ 

Proxy.        holders  may  vote  by  proxy,  j^ocidcd,  the  party  so  voting  by  [as  ?] 
proxy,  is  himself  a  stockholder. 

31.  Skc.  IV.  lir  it  further  enacted,  That  said  President  and  Di- 
Pr^rVB.i.i'Pctors  shall  have  power  to  appoint,  and  remove  at  i>leasure,  all 
of  Directors,  ^fl^^^j^jj-g  qj.  Agcuts  of  said  Corporation  ;  they  shall  have  power  to  yp- 
AgcncicB.    I. point  Agents  and  locate  ollices,  in  such  places,  and  at  such  times, 

as  they  shall  deem  best  for  the  interest  of  said  Company;  to  pre- 
Bondsinayi-e  scribe  tlic  dutles  of  Agents  and  ofllcers,  to  take  from  them  bonds 
nud"!ffif4s!"' for  the  faithful  performance  thereof,  to  apppoint  a  President  pro 
President  pro  ^gj^^_  iu  tlic  abscucc  of  thc  President;  and  further,  that  said  Presi- 
dent and  Directors  shall  have  power  and  authority,  from  time  to 
uu]^d'"'toek.time,  to  call  for  the  paym'ent  of  the  unpaid  stock,  in  such  sums  as 
stock  to  be  .they  may  deem  proper  ;  and  said  stock  shall  be  considered  nnd  held 
pe^Bonartro-  as  pcrsoual  property  ;  and  upon  tlie  neglect  or  refusal  of  anystock- 
^'"^^"  holder  to  pay  the  installments  as  called  for  by  the  President  and 

Directors,  thereupon,   tendays  notice  being  given  in  one  or  more 
Deiinonent    of  thc  clty  papers,  said  Board  may  sell  such  stock,  at  public  out- 
stockLoider,.^^^_  aud  Said  deliiKjuent  stockholders  shall  still  remain   liable  for 
any  balance  due,  or  which  may  become  due  by  him  to  said  Corpo- 
ration, and  maybe  sued  therefor,  in  any  Court  having  jurisdiction; 
and  said  President  and  Directors  shall  have  further  power  to  make 
Dividends,    dividends,  and  fix  the  place  and  define  the  manner  of  paying  the 
TranTivr  of   dlvidcuds,  paying  interest  and  transferring  stock  ;  and  said  Presi- 
Hoi'd^-rsof    <36'^t  and  Directors  shall  also  have  the  power  to  give  the  holders  of 
r'i'iw.no  the  policies  of  said  Company,  the  right  to  participate  in  the  net 
uet'^profits '"P^'o'its  of  the  Company,  to  such  an  extent,  in  such  manner,  and  up- 
on such  terms,  as  they  shall  deem  proper. 

32.  Sec.  V.  Be  it  further  endcledy  That  said  Corporation  shall 
fu"urancc°'^    bavc  authority  to  insure  against  losses  by  hre,  in  all  kinds  of  i)rop- 

erty,  either  real,  personal  or  mixed  ;  also  against  all  the  hazards  of 

ocean  or  inland  navigation  and  transportation  of  every  kind,  also  to 

make  insurance  on  lives,  and  all  and  every  insurance  appertaining 

to  the  duration  of  life,  for  such  premiums  as  it  may  determine;  and 

Payment  of  Said  Couipauy  shall  be  liable  to  make  good,  and  pay  to  the  several 

persons  who  may  insure  in  said  Company,  for  the  losses  they  may 

sustain,  or  for  life  insurance,  in  accordance  only  with  the  terms 

Policies  and  of  thc  coutract  or  policy  issued  by  said  Company  ;  and  no  policy 

co.\Ti?ebimi- or  other  contract  of  said  Company,  shall  be  binding  except  it  be 

Bi'su^d'by''"   signed  by  the  President  or  Vice  President,  and  Secretary  or  Actu- 

s.^y or Actu- ary  of  said  Company  ;  and  said  Company  shall  have  power  to  re- 

c?.' may  re-  ccivc  moucy  oudcposit,  to  loan  and  borrow  money,  to  take  and 

de"°u7  give  such  securities  therefor  as  maybe  considered  best,  to  invest  its 

"  money-'' monies  upon  such  terms  as  may  be  best,  and  transfer  its  property 


loan  and   bor- 
row 


ulijict  to 
remp— 
t\if»  a*  ifpaj- 


(in   cf 

Imrti-r   Jo  bet 


PUBLIC    LAWS — Insurance    Companies.  4W' 

Southern   Insurance  Company. — Confederate   Fire  &    Marine   Insurance    Company. 

at  pleasure,  to  purchase  and  discount  notes  and  bills  of  Exchange,  other  ponra* 
and  do  all  other  acts  it  may  deem  advisable  for  the  safe  keeping  and 
secure  investments  of  its  funds  ;  and  said  Company  shall  have  now-  P°-  m»rn»- 
er  and  authority  to  make  re-msurances  of  any  risks  that  may  be 
taken  by  them. 

33.  Sec.  VI.  Be  it  further  ennctcd,  That  the  said  Company  shall..  ....^   _^ 

,      •'  '  _  y  J  Liability  os 

be  responsible  to  its  creditors  to  the  extent  of  its  property,  and  ^;';^.»U^J*» 
the  stockholders  shall  be  liable  to  the  extent  of  double  the  amount 'j^;^  debtsrf 
of  their  respective  stock,  for  the  debts  of  the  Company,  in  propor- 
tion to  the  number  of  shares  lield  by  each. 

34.  Sdc.  VII.  lie  it  further  enacted.  That  all   claims  for  losses 
against  said  Company  shall  be  due  and  payable  in  sixty  days  afteri|^y™^''^«' 
proof  of  the  loss  has  been  furnished  at  the  othce  of  said  company  ;io"*a. 
and  in  disputed  cases,  in  ten  days  after  final  decision  of  the  proper 
tribunal;  and  in  each  case  named,  the  sum  ascertained  to  be  due, 

shall  bear  interest  from  the  time  made  due  and  payable. 

35.  Sec.  VIII.  Be  it  further  enacted,   That  all  bills,    bonds,    and  r.in«,  bond, 
promisory  notes  made  payable  at  the  office  of  said  Company,  shall  pavabie'toco. 

have  the  same  legal  etfect,  and  may  be  subject  to  all  legal  remedies,  ° '*" 

the  same  as  if  they  were  made  payable  at  any  Bank  in  this  State,  ah'i'a* 

3G.  Sec.  IX.  Be  it  further  enacted,    That  this  charter  shall  con-nn'r«ti 
tinue  and  be  in  full  force  and  effect,  for  the  term  of  thirty  j^ears.      so'yri™, 

37.  Sec.  X.  Be  it  further  enacted,  That  all  laws  and  pai'tsof  laws  j^^^^,. 
containing  anything  contrary  to  this  charter  be,  and  the  same  are '■'""*• 
hereby  repealed. 

Assented  to  December  17.  ISGL 

(No.  36.) 

An  Act  to  incorporate  the  Confederate  Fire  Sf  Marine  Insurance  Com- 
pany of  Atlanta,  and  to  confer  certain  poivers  and  privileges. 

38.  Section  I.   The  General  Assemhlij  do  enact,  That  William  Ez- 

zard,  William  Markham,  James  Clark,    John  Collier,  S.  Root,  J.c»^po"t«=- 
Calhoun,    A.  Sloan,    Albon  Chase  and  A.  Merrill,  citizens  of  the  c„,r„fer»t^ 
State  of  Georgia,  and  their  associates  and  successors,  are  hereby  r-'„'",!,'",t-'*^ 
created  a  body  corporate,  under  the  name  and  style  of  the  Confed- '^,'"y'„p^. 
erate  Fire  &  Marine  Insurance  Company  of  Atlanta;  by  which '^'.ll.^tjj^**'" 
name  they  may  sue  and  be  sued,  plead  and  be  impleaded,  have  andpri*t"t^" 
use  a  connnon  seal,  elect  its  own  officers,  and  make  such  by-laws«Haw»-- 
as  may  be  deemed  necessary  to  carry  into  eflect  the  object  of  this 
corporation. 

39.  Sec.  II.  The  General  Assembly  do  further  enact,  That  said  Cor- B„„d  „f  a- 
poration  shall  be  governed  and  managed  by  seven  Directors,  each ^'^'^"'''• 

of  whom  shall  be  a  stockholder,  who  shall  be  elected  at  such  time 
and  place  as  the  corporators  and  their  successors  may  direct,  and 
hold  their  otlice  for  one  year,  and  until  their  successors  are  elected  ; 
one  of  said  Directors  shall  be  elected  President,  and  hold  his  office ''""''"*■ 
for  the  same  length  of  time;  said  Directors  shall  fill  all  vacancies, y^^^Jj^p^^ 
which  may  occur  in  the  office  of  President  by  death,  resignation  or''''"'- 
4 


^0  PUBLIC  LAWS — Insurance  Companies. 

Confederate  Fire  &  Marine  Insurance  Company. 


S<>rretary  and 


otherwise;  a  majority  of  said  Directors  shall  constitute  a  quorum 
for  the  transaction  of  business  ;  and  with  the  advice  and  consent  of 
the  President,  elect  a  Secretary  and  Treasurer,  and  any  other  ofii- 

TrcsureV  ccr  whose  services  may  be  necessary  to  carry  out  the  legitimate 
objects  of  said  incorporation  ;  a  vacancy  in  the  Poard  of  Directors 
shall  only  be  fdled  by  the  stockholders,  at  a  meeting  held  after  no- 

Kwh  .hare   tice  of  ihe  time  and  place  of  such  meeting,  in  person  or  by  proxy  ; 

Se  voto.      each  stockholder  having  as  many  votes  as  he  has  shares. 

40.  Sec.  III.  The  Ge?ieral  Asscmhhj  do  further  enact.  That  a  ma- 
organiration  jority  of  Said  Corporators  be,  and  they  are  hereby  authorized  to  call 

Company.^  mcetiug  of  said  Corporators,  and  mtiy  proceed  in  pursuance  with 
said  call,  to  arrange  [organize?]  said  Company;  and  proceed  to  open 
•cripuon,^"  books  for  subscription  for  stock,  at  such  time  as  they  may  desig- 
w  ere  open-  ^^^^^  "j-j  |.j^g  citics  of  Atlanta,  Griflin,  and  Rome,  in  said  State  ;  the 
c  itoi  fltook^^l^^^'^^  stock  of  said  Corpoiation  shall  be  two  liuiidred  and  fifty 
«25o,oofl   '  thousand  dollars,  divided  into  shares  of  one  hundred  dollars  each; 

Shaiet   $100.  j-j^,  ii-  -i- 

and  said  Corporators  and  their  successors,  shall  have  power,  in  their 
cpitMstock  discretion,  to  increase  said  capital  stock  to  the  sum  of  five  hundred 
^^L^tl""  thousand  dollars;  and  no  one  shall  be  allowed  to  subscribe  for  more 
$500,000.      ^j^ai^  ^^yQ  hundred  shares  of  said  stock. 

41.  Sec.  IV.  The  General  Assembly  do  further  enact,  That  said  cor- 
wh™  Co  poi'3't^on  may  use  and  exercise  the  privileges  and  franchises  herein 
may  com-     granted,  when  the  sum  of  fifty  thousand  dollars  is  subscribed   and 

mency  bus-  ,  t  i  t  .  -,  . 

^n'**-  each  stockholder  has  paid   in   cash,  to  the  proper  oflhcer,  twenty 

per  centum  on  the  amount  of  his  stock,  and  has  made  and  deliver- 
ed to  the  proper  officer,  a  note  secured  by  mortgage  on  real  estate, 
or  otherwise  to  the  entire  satisfaction  of  said  Corj)orators  or  their 
successors,  for  a  sum  corresponding  in  amount  to  his  stock  less  the 
sum  paid  in  cash  ;  the  notes  and  cash  paid  in,  constituting  the  capi- 
tal stock  of  said  Company. 

42.  Sec.  V.  The  General  Assembhj  do  further  enact.  That  said 
ff /^fur'auc.  Company  be  authorized  to  make  insurance  on  dwelling  houses, 

store  houses,  and  buildings,  household  furniture,  merchandize  and 
all  other  property,  against  loss  or  damage  by  fire  ;  to  make  marine 
insurance  upon  vessels,  freight,  goods,  wares  and  merchandize,  and 
all  and  every  insurance  appertaining  [to  V]  or  connected  with  ma- 
rine or  inland  transportation  or  navigation  risk. 

43.  Sec  VI.  The  General  Assembly  do  further  enact,  That  said 
^n^y'  Company  may  cause  itself  to  be  insured  against  risks  it  has  taken, 
May  fak<.  ou  rcal  property,  take  mortgages  on  any  description  of  property  to 
mortgage.,  tcgg^^j.g  jnvestments  of  its  funds,  or  re-invest  its  funds  in  Railroad, 

Bank  or  other  stocks. 

44.  Sec.  VII.  The  General  Assembly  do  further  enact,  That  the 
rsto.:k  notefl.  Directors  shall  have  power  to  call  in  any  portion  of  said  stock  notes, 

provided  it  is  necessary  to  pay  off  any  losses  sustained  by  said  com- 
;sto,k  of  dc- pany  ;  and  if  any  stockholder  shall  fail  or  neglect  to  pay  in  such 
«22:kboidcra  iustdlments  as  may  be  thus  called  in,  within  such  time  as  said  Di- 
-'Stei*  ^"^  rectors  may  in  their  by-laws  prescribe,  his  stock  shall  be  forfeited  ; 

and  every  stockholder  shall  be  liable  to  the  creditors  of  said  Com- 


PUBLIC  LAWS.— Insurance  Companies.  51 

Agencies   of   Foreign  Insurance    Companies. 

pany,  upon  all  the  debts  and  contracts  of  said  Company,  to  the  silJ^thoVr, 
amount  of  his  or  her  stock.  comp^y/^ 

45.  Sec.  VIII.    The  General  Assembly  do  further  enact,  TXidii  the -pxuw^ta  or- 
principal  office  shall  be  located  in  the  city  of  Atlanta,  where  thebeln^Aulnt^. 
President  and  Directors  may  declare  half  yearly  devidends  of  such  0;^^^^^^ 
profits  as  may  have  been  ascertained,  on  the  first  Monday  in  Janu- 
ary and  July,  in  each  and  every  year. 

46.  Sec.  IX.    The  General  Assembly  do  further  enact,  That  all  the  ^^^ 
privileges,  rights  and  immunities  of  the  Southern  Mutual  Insurance  e"  and  pn>! 
Company,*  of  said  State,  be,  and  the  same  are  hereby  conferred  up-ferrcd"uCo. 
on  the  Company. 

47.  Sec.  X.   The  General  Assembly  do  further  enact,  That  the  Di-TheDirecton 
rectors  shall  not  be  allow^ed  to  use  the  funds  of  said  Company. —  to^.f^'Zud. 
This  charter  and  the  privileges,  franchises  and  immunities  herein ^^^ co.^^^  ^^ 
granted,  shall  continue  for  the  term  of  thirty  years  from  the  p^iss- ^^'"Jj^^o  i"» 
age  thereof. 

Assented  to  December  17,  1861. 

*  For  the  Act  incorporating  the  Southern  Mutual  Insurance  Company,  see  Acts  of  1847,  p. 


(No.  37.) 

An  Act  to  repeal  An  Act  to  rrgjclate  the  Agencies  of  Foreign  Iimirancc 
Comimnics,  and  to  provide  for  the  ajipointmetit  of  an  Insurance  Commis- 
sioner, assented  to  the  12th  of  December,  1859.* 

48.  Section  I.  Be  it  enacted  by  the  General  Assembly,  That  the  Act  Act  or  is 
referred  to  in  the  caption  of  this  Act,  be  and  the  same  is  hereby  re-p™ie'd!^?x-"" 
pealed  ;  Provided,  That  the  provisions  of  this  Act,  shall  not  extend !;,uftnceCo\°" 
to  Insurance  Companies  located  within  the  United  States  of  Anieri-'"  '''*  "■^' 
ca. 

Assented  to  December  16,  1861. 

*  See  Acts  of  1869,  p.  28. 


52  PUBLIC   LAWS— Judiciary. 


Judges  of  the   Supreme  Court. 


TITLE  XV. 


JUDICIARY. 
L  SUPRE]\IE  COURTS. 

ART.  I.   TE]iM  OF  OFFICE  OF  JUDGES. 

n.  SUPEKIOR  AND  INFERIOR  COURTS  AND  COURTS- 
OF  ORDINARY. 

ART.   I.    SESSIONS  OF  COURTS. 
"      II.   ACTION,  PROCEEDINGS,  &;C. 
"    III.    EVIDENCE. 

"     IV.   JUDGMENTS  AND  EXECUTIONS. 
"      V.    STATUTES  OF  LIMITATION. 

IIL  COURTS  OF  SPECIAL  JURISDICTION. 

ART.  I.    CITY  COURT  OF  AUGUSTA. 
"     II.    JUSTICES    COURTS. 

L  SUPREME  COURTS. 

ART.  I.    TERM  OF  OFFICE  OF  JUDGES. 
Sec.  I.  Term  of  office  6  years. 

(No  38.) 

An  Act  to  preecribe  the  term  of  office  of  the  Judges  of  the  Svp-cme  Court 
of  this  State. 

Section  I.   The  General  Assembhj  cvacts,  That  the  Judges  of  the 
_  of  of.  Supreme  Court  of  this  State  shall  hold  their  ollice  for  the  term  of 
npremf "  SIX  jcars,*  aiid  until  their  successors  are  appointed  and  qualified. 
Court  6 years,      g^^.^  j^  Rcpcals  coutlicting  kws. 

Assented  to  December  14,  ISGl. 

*  The  Judges  of  the  gupreme  Court  lierctofore  lield  tlieir  office  si.x  ycar.s  ;  (T.  R.  R.  Cobb's 
New  Digest,  p.  417;)  b'uttiie  above  Act  was  passed  according  to  tin;  requirements  of  the  New 
Constitutiou  of  the  State ;  wbicli  declares  that  the  Judges  shall  hold  their  office  "  for  such  term 
of  years  aa  shall  be  prescribed  by  law.    See  IV.  Auticle,  I.  Sec,  i-'d  item,  of  the  New  Consti-  - 
tutioD. 


Term 
fice 
of  Si 


PUBLIC  LAWS— Judiciary. 


53 


Certain  Superior    Courts   in  the    Nortliern  Circuit. 


IL  SUPERIOR  AND  INFERIOR  COURTS. 

ART.  I.    SESSIONS  OF  COURTS.* 


Sec.  1.  Adjournment  of  SuperiorCourts  in  Nor- 
thern Circuit  le<;,alize(i. 

"  2.  Superior  Courts  wlien  held  in  Columbia 
Washington,  Johnson,  Emanuel,  Rich 
mond,  Screven,  Jefferson  and  Burke. 

"  3.  Superior  Courts  when  held  in  Putnam. 

"  4.  Processes,  &c., 

"  5.  Superior  Courts  when  held  in  Lumpkin, 
and  Cobb. 

•'  6  Superior  Courts  when  held  in  Towns. 

"7.  Superior  and  Inferior  Courts  when  held 
in  Milton. 


Sec. 8.  Suitors,  writs,  recoOTizances,  &c. 

'■  9.  Superior  Courts  when  held  in  White, 
Rabun,  Habersham,  Franklin  and 
Banks. 

"  10  A<lji)nrnment  of  Superior  Courts  in  Ha- 
bersham and  Banks. 

"  11  Holding  of  adjourned  terms  of  Superior 
Courts  to  bo  at  discretion  of  Judge. 

"  1'2  Juries  for  adjourned  terms. 

"  13.  Adi'Muiimcnt  of  Inferior  Courts  and 
Courts  of  Ordinaries, in  certain  ca-ses. 


(No.  39.) 

An  Act  to  legalize  the  adjournment  of  certain  Siqwrior  Courts  in  the 
Northern  Circuit.  , 

Whereas,  On  account  of  the  absence  of  the  Honorable  Thomas 
W,  Thomas,  Judge  of  the  Superior  Courts  for  the  Northern  Circuit, 
in  the  military  service  of  the  country,  the  Superior  Courts  of  certain 
counties  in  that  Circuit  were  not  held  at  the  regular  time  in  the 
months  of  August,  September  and  October  in  the  present  year; 
And  Whereas,  By  an  order  passed  by  said  Judge  and  dated  the  thir- 
tieth day  of  July,  in  the  year  18G1,  the  said  Courts  were  adjourned 
to  the  times  hereinafter  stated ;  And  Whereas,  the  legality  of  said 
order  is  doubted  ; 

1.  Section  I.   The  General  AsscmhUi  of  the  State  of  Georgia  do  en- 
act, That  the  adjournment  of  said  Courts  by  virtue  of  said  order, 
to-wit :  The  Superior  Court  of  Taliaferro  county  to  the  third  Mon- 
day of  iNovember,  ISGl,  of  Elbert  county  to  the  fourth  Monday  of 
November,  1861,  of  Hart  county  to  the  first  Monday  of  December, 
1861,  of  Madison  county  to  the  second  Monday  of  December,  1861,of.Cp™"r 
of  Lincoln  county  to  the  third  ]\Ionday  of  December,  1861,  ofNortVcA" 
Oglethorpe  county  to  the  first  Monday  of  January,  1862,  of  WarrenPzeT'''  ^^  ' 
county  to  the  second  Monday  of  January,  1862,  and  of  Glasscock 
county  to  the  third  Monday  of  January,  1862,  are  hereby  made  le- 
gal ;  and  the  proceedings  of  said  Courts  at  the  said  adjourned  terms, 
shall  be  as  valid  as  if  had  at  a  regular  Term  under  existing  laws. 

Assented  to  December  3,  3  86J. 


(No.  40.) 

An  Act  to  alter  and  fix  the  times  for  holding  the  Superior  Courts  in  the 
several  counties  composing  the  Middle  District,  and  for  other  purposes 
connected  therewith. 
2.  Section  I.  It  is  enacted  by  the  General  Asscmhhj  of  the  State  of 

Geortria,  That  from  and  after  the  passage  of  this  Act,  the  times  for 

•  For  Act  legalizing  the  official  Acts  of  Augustus  B.  Raiford  and  Sterling  Glover,  Deputy 
Sheriffs  of  S.amuel  Dawson,  late  Sheriff  of  Sumpter  county.  The  same  Act  also  legalizes  the 
Session  of  the  Courts  in  Sumter  connty,  at  which  said  Deputies  officiated. 


54 


PUBLIC   LAWS.— Judiciary. 


Superior   Courta  iu  tbo  Middle  District. — Superior   Courta  in  Putnam   County. 


Superior 
Court*  when 
Iicld  iu  the 
Middle  Cir- 
cuit viz :    Co- 
lumbia, 
Waibiugton  , 
Johotou, 

£maDnel. 

Richmond, 
ScreTcn, 

Jefferson  and 
Burke. 


ProcesBi-B, 
itx. 


holding  the  Superior  Courts  in  the  several  counties  that  compose 
the  Middle  District,  shall  he  as  follows,  iiamel)^:  In  Columhia,  the 
first  Mondays  of  March  and  Septemher  ;  in  Washington,  the  second 
Mondays  of  March  and  September;  in  Johnson,  the  fourth  Mon- 
days of  March  and  September;  in  Emanuel,  the  first  Mondays  of 
April  and  October;  in  Richmond,  the  second  Mondays  of  April  and 
October;  in  Scriven,  the  first  Mondays  of  May  and  November;  in 
Jefferson,  the  second  Mondays  of  May  and  November;  in  Burke, 
the  third  Mondays  in  May  and  November;  and  that  all  bills,  writs, 
precepts,  processes  and  summonses  heretofore  issued,  returnable  to 
the  several  Courts  in  the  counties  named  at  the  times  now  fixed  by 
law,  be  held  to  be  returnable  at  the  first  Term  to  be  held  in  pur- 
suance of  this  Act;  and  that  all  suitors,  jurors,  witnesses,  and  oth- 
er persons  who  may  be  bound  to  attend  said  Courts,  be  required  to 
attend  them  at  the  times  now  fixed,  without  other  or  further  notice. 

Sec.  II.  Repeals  confiicting  laws. 

Assented  to  December  3,  186 L 


(No.  4L) 

Aji  Act  to  change  the  time  of  holding  the  Snjierior  Courts  of  the  County  of 
Putnam. 


3.  Section  I.  Be  it  enacted  hy  the  General  Assembly,  That  from  and 
Superior  after  this  enactment,  the  sessions  of  the  Superior  Courts  of  Put- 
hew  iL  pS-"  nam  county,  shall  be  on  the  fourth  Mondays  of  March  and  Septem- 
nam.          ^^^^  j^.^  g^^j^  j^j-,^  cvcry  ycar. 

4.  Sec.  II.  A7id  be  it  further  enacted,  That  all  processes,  subpoe- 
nas, summoHS,  &c.,  issued  or  to  be  issued,  shall  be  made  to  conform 
to  the  above  alterations  in  the  sessions  of  said  Court. 

Assented  to  December  12,  1861. 


Proce««es, 


Prt  wnhle. 


(No.  42.) 

A71  Act  concernivg  the  Superior  Courts  of  the  counties  of  Lumpldn  and 
Cobb;  and  changing  the  existing  laio  in  relation  thereto  ;  and  to  change 
the  time  of  holding  the  Superior  Courts  of  the  coinity  of  Towns;  and 
also  to  change  the  time  (f  holding  the  Superior  and  Inferior  Courts  of 
the  county  of  Milton,  and  to  change  tlie  limes  of  holding  certain  other 
Courts  herein  mentioned,  and  to  legalize  processes  returnable  to  said 
Courts. 

Whereas,  By  existing  law,  the  Judge  of  the  Superior  Courts  of 
the  Blue  Ridge  Circuit,  is  required  to  draw  Grand  and  Petit  jurors 
for  two  weeks  to  serve  in  the  Superior  Courts  of  said  county  of 
Cobb;  And  Whereas  also,  by  existing  law,  the  Criminal  Docket  of 
said  Court  is  not  to  be  called  for  the  trial  of  cases  thereon,  until 
Monday  of  the  second  week  oi  said  Court ;  And  Whereas,  under  ex- 
isting circumstances,  it  is  believed  that  one  week  will  suffice  for 


PUBLIC    LAWS.— Judiciary.  55 

Chauge  of    time  of  holding  the  Superior  Courts  in  certain   counties. 

the  trial  of  all  the  business  civil  and  criminal  cases,  pending  in  the 
Superior  Courts  of  said  county  of  Cobb,  and  also  Lumpkin. 

5.  Section  L    The   Gcmral  Asficmbly  do  enact, 'Ilmi  the  ^\\^^Q■Xlov^^?f^^^^^^^^ 
Courts  of  said  county  of  Lumpkin,  be  held  on  the  first  Monday  in '^''Jj^'j^;^ ^.^ 
February  and  August,  in  each  year  ;  and  in  said  county  of  Cobb,  on  j^^^^^^^^ 
the  third  Monday  in  March  and  September,  of  each  year  :  tliat  the  , 

•^  i-  T  1  •  ^  Jurors. 

Judge  of  said  Court  shall  not  be  required  to  draw  jurors  ior  twOj,^,,^^  ^^  ^ 
weeks  of  either  of  said  Courts  as  heretofore,  for  the  county  of  Cobb  z''^'''^"^^  ""• 
and  that  it  shall  not  be  obligatory  on  the  Judge  ot  said  Circuit  to'^"^ 
hold  two  weeks  Court  in  either  of  said  coi?nties. 

6.  Sec.  IL  That  tlie  Superior  Courts  of  said  county  of  Towns,  i"  towm, 
beheld  on  Thursday  after  the  third  Mondays  of  May  and  October, 

in  each  year. 

7.  Sec.  III.  That  the  Superior  Courts  of  said  county  of  Milton,  ^"^i'"°"- 
be  held  on  the  fourth  Mondays  in  March  and  September,  of  each  inferior 
year  ;  and  that  the  Inferior  Courts  of  said  county  of  Milton,  be  held  Mu'tou.'° 
on  the  fourth  I^Iondays  of  June  and  December,  of  each  year. 

8.  Sec.  IV.  That  it  shall  be  the  duty  of  all  persons  who  have 
entered  into  bonds  or  recognizances  to  answer  criminal  prosecutions  g^j^^^^  ^ 
to  appear  and  answer  the  same  as  though  said  bonds  and  recogni-'^'«"'"'"'=«»* 
zances  had  been  taken  in  conformity  to  the  aforesaid  alterations; 

and  that  all  writs,  processes,  subp(enas  and  recognizances  returna- 
ble to  any  of  the  aforesaid  Courts,  shall  be  deemed  and  held  as 
though  made  returnable  to  the  days,  and  in  conformity  to  the  afore- 
said changes  and  alterations. 

9.  Sec^V.  That  the  time  of  holding  the  Superior  Courts  of  the  ^cTrtl"  wheu 
counties  of  White,  Ilabun,  Habersham,  Franklin  and  Banks,  be  t'iff JiVrteJ 
changed  as  follows,  to-wit :     The  Superior  Court  of  the  county  of  Jj;«il'«'m;  ^^ 
White,  shall  be  hereafter  held  on  Thursdays  after  the  third  Mon- ^;;.^„'i^|'*'^^* 
days  in  March  and  September;  the  Superior  Courts  of  the  county '"^^'''''®' 
of  Ilabun,  shall  be  held  on  the  fourth  Mondays  in  March  and  Sep-'"  ^^""' 
tember  ;  the  Superior  Courts  of  the  county  of  Habersham,  shall  be  I'^'^H"^*^^- 
held  on  Thursdays  after  the  fourth  Mondays  in  March  and  Septem- 
ber;  the  Superior  Courts  of  the  county  of  Franklin,  shall  be  held  i°  f «i»i^«n 
on  the  first  Mondays  in  April  and  October;  and  the  Superior  Courts 

of  the  county  of  Banks,  shall  be  held  on  Thursday  after  the  first  ""-^  S""'"'- 
Monday  in  April  and  October;  and  that  all  writs  and  processes  pend- ^y^^J^'^l^^p^ 
ing  therein,  or  returnable  to  any  of  said  Courts,  shall  be  held  valid, 
as  if  made  returnable  to  the  time  of  holding  said  Courts  respective- 
ly as  fixed  by  this  Act. 

Sec.  IV.  Repeals  conflicting  laws. 

Assented  to  December  17,  1861. 

(No.  43.) 
All  Act  to  Ir.gal'tze  the  adjoxirnment  of  the  Siqjerior  Courts  hi  the  counties 
of  Habersham  and  Banlcs,  and  for  other  j'i'f'poses. 

Whereas,  From  providential  causes  the  Superior  Courts  in  the 
counties  of  Habersham  and  Banks,  were  not  held  at  the  October  ""° 
Term  of  the  present  year,  ISGl : 


^  PUBLIC   LAWS.— Judiciary.    ' 

Judges  of  the   Superior  Courts — Justices  of  the  Inferior  Courts  and  Ordinaries. 

10.  Section  I.  The  General  Asscmhlij  do  enact,  That  the  adjourn- 
■*^Tfs..-   nient  of  said  Superior  Courts  of  the  counties  of  Habersham   and 

or  Courts 


1^ 


Httwr- 

miid 


Banks,  by  the  Clerks  thereof,  to  the  next  April  Term  of  said  Courts, 

B«*s  u««i-^c  made  legal  and  valid  ;  and  that  parties  to  suits  in  said  Courts  be 

!Krtk*  to  8P- authorized  to  enter  their  pleas  and  file  their  answers  to  suits  in  said 

^«cor-    (Courts ;  and  that  said  suits  stand  for  trial  at  the  next  April  term  of 

said  courts,  as  though  the  Dockets  of  said  Courts  had  been  called 

and  pleas  and  answers  filed  at  the  regular  Terms  of  said  Courts,  in 

October  last. 

Sec.  II.  Repeals  coniycting  laws. 
Assented  to  December  14,  ISGl. 

(No.  44.) 

An  Act  to  amend  the  Act  approved  lltk  December,  lSoS,*/o  compel  the 
Judges  of  the  Superior  Courts  of  each  Circuit  in  the  State,  to  hold  ad- 
journed terms  in  every  County  within  their  Circuit  where  the  business 
requires,  until  the  docket  is  cleared,  and  for  other  purposes. 

TMfiiuraa-  H-  SECTION  I.  Be  it  enacted.  That  the  holding  of  adjourned 
I^J^f  su.  terms  of  the  Superior  Courts,  for  the  disposition  of  the  business 
fc^h^lHt'to"' upon  its  docketS;  shall  rest  in  the  sound  discretion  of  the  presiding 

ditrjetiou    of   IiirljTQ 
Juigt  «^  ^^^^' 

12.  Sec.  IL  5c  ?///«v/icrc?;</r/rr/,  That  when  an  adjourned  Court 
shall  become  necessary  in  the  opinion  of  the  presiding  Judge,  he 

jmaaxA       shall.  iu  thc  exercise  of  a  sound  dircretion,  cause  new  Juries  to  be 
drawn  for  the  same,  or  order  the  Juries  drawn  for  the  regular  term 
to  give  their  attendance  at  such  adjourned  term. 
Sec.  III.  Repeals  conflicting  Unvs. 

Assented  to  December  17th,  ISGl. 

*  Acts  of  1858,  p.  85. 

(No.  45.) 

An  Act  to  authorize  the  Justices  of  the  Inferior  Courts  and  Ordinaries  of 
the  several  Counties,  to  appoint  some  ft  and  proper  ]>erson  to  open  and 
adjourn  said  Courts  in  the  absence  of  an  ojjicer  to  do  so. 

13.  Section  I.  Be  it  enacted,  That  from,  and  immediately  after 
the  passage  of  this  Act,  it  sliall  be  lawful  for  the  Justices  of  the 

'oiJit. Inferior  Courts  and  Ordinaries  of  the  several  Counties,  to  appoint 
SSS^^i'nSome  fit  and  proper  person  to  open  and  adjourn  said  Courts  iu  the 
''"""'•  absence  of  an  oflicor  to  do  so. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  14,  ISGl. 

NoTK.— For  Acts  relative  to  ndjonrnment  of  Inferior  ("ourts,  wee  T.  K.  R.  Cobb's  new  Di- 
gest, p.  4tjl  ;  nnd  spi;  fur  najourninent  of  Conrts  of  Ordinary,  ibid.  'JSl-S.  There  being  no 
provision  in  the-  Act  of  January  21 ,  \S^>2,  reorganizin','  the  Court  of  Ordinary  under  the  amen- 
ded {'onstitution  of  th'it  yrvir,  in  relation  to  the  intide  uf  adiniirniiient  of  the  now  Court,  or  by 
what  otHcer  it  should  be  adiouined,  the  old  law  obtained,  wliieh  governed  in  that  respect  when 
tli.^  Probate  Court  was  held  by  tlie  Justices  of  the  lufcriur  Court,  "silting  as  a  Court  of  Or- 
■  dinarv."  ".Ui- 1- 


PUBLIC   LAWS.— Judiciary.  57 

Act  to  empower  Justices  of  Inferior  Courts  to  discbarge  criminals,  <Scc.  amended. — Claims  of  alien  enemies. 

ART.  IL— ACTION,  PROCEEDINGS,  &c. 

Sec.  1.  Inferior  Cnnrts  mny  disclinrge  crimi-i  Sec.  6.  Snifs  against  Insurance  Companies, 
nals  from  jail,  in  certain  cases.  "     7.  Service  how  perfected. 

"  2.  Collection  of  sequestrated  claims  in  this     "    8.  Coutinuniice  of  causes  in  the  Courts 


State 

"  3.  Costs  in  such  cases. 
"  4.  Costs  to  be  paid  out  of  funds  raised  from 

sequestrated  claims. 
"  5.  Attachments  on  such  claims. 


where  parties  are  in  military  service. 
9.  Also  where  a  material  witness  isinmil- 
tary  service  and  his   testimony  can- 
not be  had. 


(No.  46.) 

A71  Act  to  amend  an  act  to  authorize  and  cnqwivo  the  Justices  of  the  Infe- 
rior Courts  of  tills  State,  to  discharge  criminals  orojj'endcrs  against  the 
law,  from  Jail,  in  certain  cases,  and  also  to  discharge  V(fcndants  in  cer- 
tain civil  cases,  ajyjjroved  December  29ih,  1847.* 

1.  Section  I.   The  General  AsscmUn  do  C7iact,  That  the  first  sec- 
tion of  the  above  recited  Act  be  so  amended  as  to  read  as  follows, 
to-wit:  That    from  and  after  the  passage  of  this  Act.  when   any 
criminal  or  offender  against  the  law  of  this  State  sliall  be  confined  o.nrtsmay 
in  any  of  the  jails  thereof,  nnder  a  sentence  of  imprisonment  for  a  criminals' 
definite  period  and  until  all  costs  and  fines  are  paid,  and  the  said  certai^"k8e's°. 
criminal  or  offender,  after  the  time  of  his  imprisonment  shall  have 
expired,  shall  be  nnable  to  pay  [sncli  V]  fines  and  costs,  or  either,  it 

shall  and  may  be  lawful  for  the  Justices  of  the  Inferior  Court,  in 
their  discretion,  (the  whole  Court  therein  concurring)  when  such 
criminal  or  offender  against  the  law  may  be  confined,  to  discharge 
him  from  such  confinement. 

Assented  to  December  14,  1S61. 

»  For  this  Act  see  T.  R.  R.  Cobb's  new  Digest,  p.  863. 

(No.  47.) 

An  Act  to  authorize  the  Receiver  or  Receivers  aj^jiointcd  vndcr  the  8c- 
(piestration  Act  of  the  Confederate  States,  to  bring  suit  on  all  claims  of 
Alien  enemies,  sequestrated  in  any  of  the  Courts  of  this  State,  and  to 
maintain  all  suits  which  are  now])ending  in  any  of  the  Courts,  and  for 
other  imrjjoses. 

2.  Section  I.  Be  it  enacted,  That  from  and  after  the  passage  of 

this  Act,  the  Receiver  or  Receivers  appointed  under  and  by  virtue  q"oBtiXd" 
of  the  Sequestration  Act  passed  by  the  Congress  of  the  Confeder- b "bronrh"t^in 
ate  States,  be  and  they  are  hereby  authorized  to  sue  all  sequestra- 
ted claims  which  are  not  in  suit,  and  maintain  and  prosecute  all  ca- 
ses which  are  now  pending  in  any  of  the  Courts,  and  to  proceed  to 
collect  all  judgments,  fi  fas  issued  from  any  of  the  said  Courts  in 
favor  of  said  Alien  enemies,  that  have  or  shall  hereafter  be  seques- j^^^^^n,, 
trated,  in  the  same  manner  as  the  original   plaintifis   would  have  ;'",,d,?in.'s''''" 
been  entitled  to  have  done,  provided  they  had  not  have  become  i;;^^,^^'' '"'" 
Alien  enemies  ;  and  in  all  such  cases,   the  Receiver  or  Recievers 
shall  be  made  a  party  plaintiff,  on  motion  before   the  Court,  and 
the  name  of  the  Alien  enemies  shall  be  stricken  out  and  the  name 


58  PUBLIC  LAWS.— Judiciary. 

Suits  against  lusurance  Companies, 


of  the  Receiver  or  Receivers  inserted,  in  all  cases  now  pending, 
and  in  all  fi  fas  ;  and  that  all  suits  shall  be  commenced  b}-  petition 
on  all  sequestrated  claims,  in  the  name  of  the  receiver,  for  the  use 
of  the  Confederate  States,  according  to  the  law  of  this  State  regu- 
costs  tc.  lating  actions  at  law  or  in  equity,  [and  they"/]  shall  be  the  same  as 
in  all  other  cases  in  said  Court;  [and  "/]  the  Court  in  which  the 
judgment  may  be  rendered  shall  have  discretionary  power  as  to 
taxing  the  costs,  according  to  the  equity  of  eacli  case. 

3.  Sec.  IL  Be  it  farther  enacted^  That  in  all  cases  where  the  said 
B^ceivcTfaiiB Receiver  or  Receivers  shall  fail  to  recover  judgments  in  any  cause, 
target  judg-  juf^gnients  may  be  signed  against  such  Receiver  in  his  official  capa- 
city ;  but  no   personal  liability  shall  attach  to  said  Receiver,  but 
such  cost  accruing  shall  be  paid  out  of  the  first  money  raised  in 
said  Court  out  of  the  sequestration  funds. 

4.  Sec.  III.  That  all  costs  due  to  the  officers  of  Court,  on  any 
Costs  to  be  of  said  sequestrated  cases,  shall  be  the  first  money  paid  out  of  the 
?undr  raised  sequestrated  fund  arising  in  said  Court ;  And  he  it  further  enacted^ 
tra™d proper- That  sald  Receiver  or  Receivers  may  prosecute  such  claims  through 
/eoeirermayany  attomcx'  at  lawwhouihc  may  appoint  or  employ  for  such 

sue  by  Attor-  ''  J        I  L  L       J 

ney.  purpOSC. 

Sec.  IV".  And beit  further  enacted,  That  said  Receiver  or  Receiv- 
ers, or  any  attorney  at  law,  may  sue  out  attachment  in  the  name 
oDsuch  of  the  Receiver,  for  the  use  of  the  Canfederate  States,  by  making 
the  affidavit  as  now  required  by  the  laws  of  this  State  in  case  of  at- 
tachment; and  the  proceedings  shall  be  the  same  as  in  all  other  ca- 
ses of  attachment. 

Sec.  V.  Repeals  conflicting  laws. 

Assented  to  December  16,  18G1. 


(No.  4S.) 

An  Act  to  d(fine  and.  fix  the  manner  in  which  S2iits  may  he  instituted 
against  Insurance  Comjnmics  in  this  State,  and  to  jprcscrihe  the  manner 
in  which  service  shall  he  effected  upoyithem. 

6.  Section  I.  The  General  Assemhhj  do  enact,  That  whenever 
any  person  may  have  any  claim  or  demand  upon  any  Insurance 
Company  having  agencies,  or  more  than  one  place  of  doing  busi- 
?nJu'r.nce'°"ness,  it  shall  be  lawful  for  such  person  or  persons,  to  institute  suit 
compuDieB.  against  said  Insurance  Company,  within  the  county  where  the  prin- 
cipal office  of  such  Company  is  located,  or  in  any  county  where 
such  Insurance  Company  may  have  an  agency,  or  place  of  doing 
business,  [which]  was  located  at  the  time  the  cause  of  action  ac- 
crued, or  the  contract  was  made  out  of  which  said  cause  of  action 
arose. 

Sec.  n.  In  all  such  suits,  service  shall  be  effected  upon  such  In- 
^"bTpCT-i''^  surance  Company,  by  leaving  a  copy  of  the  bill  or  writ,  with  the 
[hem'? """"'' agent  of  the  Company,  if  any  ;  if  no  agent  should  be  in  the  coun- 
ty, then  at  the   agency  or  place  of  doing  business,  or  where  the 


PUBLIC  LAWS.— Judiciary.  69 

Continuances. — Open    A'^counts. 

sarpe  was  located  at  the  time  such  cause  of  action  accrued,  or  the 
contract  was  made  out  of  which  the  same  arose. 

Sec.  IIL  Repeals  conflictiug  laws. 

Assented  to  Dec.  IG,  ISGl. 

(i\o.  49.) 

An  Act  to  authorize  Continuances  of  Cases  pending  in  the  Superior  and 
Inferior  Courts  and  City  Courts  of  this  State,  during  the  War,  in  cer- 
tain cases. 

8.  Sec.  I.    The  General  Assembly  of  the  State  of  Georgia  do  enact,  ^^^^^.^^^^^^^ 
That  the  Judges  of  the  Superior  and  Inferior  Courts  and  Cityofra.UH  in 

-,  /•!•-.  1  I'T  1  cAirta  during 

Courts  01  this  State,  areliereby  authorized  to  grant  a  general  con- th.- war  when 
tinuance,  and  from  Term  to  Term,  of  all  causes  in  behalf  of  Plain- the  servic*. 
tiffs  and  Defendants  when  they  are  in  the  military  service  of  the 
Confederate  States  or  of  the  State  of  Georgia,  as  also  where  the 
Attorney  of  either  Plaintiffs  or  Defendants  is  in  the  military  service, 
and  who  was  employed  as  Counsel  before  entering  said  military  ser- 
vice. 

9.  Sec.  II.  And  be  it  further  enacted,  That  when  it  shall  be  made 

-'  .     ,         .  1        •     Also  when 

to  appear  that  either  party  has  a  material  witness  absent,  or  wlio  is  matj^i^M^^i^ 
in  the  military  service  as  aforesaid,  who  alone  can  prove  the  mate-H.rvic.-,  and 

.'  '  .  '^  f>      1        '""  testimony 

rial  facts  in  the  case,  and  that  it  has  not  been  in  the  power  of  the<anuotb« 
party  to  procure  the  testimony  of  said  absent  witness  by  interro- 
gatories since  the  passing  of  this  Act,  then,  in  such  case,  the  Court, 
being  satisfied  from  the  circumstances,  that  the  showing  for  a  con- 
tinuance was  not  made  for  delay  only,  may  enter  the  case  continu- 
ed generally. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  14,  1S6L 

ART.  III.— EVIDENCE. 

Sec.  1.  Proof  of  open  accounts.  I  Sec.  2.  liules  of  evidence  to  be  relaxed  hj 

I  Judges,  in  certain  cases. 

(No.  50.) 

An  Act  to  prescribe  the  proof  in  certain  cases  of  open  Accounts  in  the 
several  Courts  of  this  State, 

1.  Sec.  I.  Be  it  enacted,  That  in  all  cases  of  suits  on  open  ac- 
counts in  the  several  Courts  of  this  State,  where  the  writ  or  pro- 
cess has  been  served  personally  as  the  law  now  directs,  on  the  de- 
fendant, and  there  is  no  defence  made  by  the  party  sued,  either  in  ^™°„'„°1.*'p*' 
person  or  attorney,  at  the  time  the  case  is  submitted  for  trial, 
the  case  shall  be  considered  in  default  ;  and  the  plaintiff  or  plain- 
tiffs shall  be  permitted  to  take  verdict,  as  if  each  and  every  item 
has  [been  V]  proved  by  testimony. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  13,  ISGl. 


60 


PUBLIC  LAWS.— Judiciary. 


Copy  Wills,  Deeds,  Sec. — Stay  Law. 


(No.  51.) 

A?i  Act  to  allow  Sccondory  'proof  and  Tfxt'nnovy  in  cases   tckn-c   Copy 
Wills,  Deeds,  and  other  papers  cannot  he  procured,  and  for  other  pro- 
poses. 

WiiEHEAs,  In  sonsequence  of  the  Secession  of  the  State  of  Geor- 
gia from  the  late  United  States,  and  the  impossibility  of  communi- 
cation with  the  States  now  composing  said  Government  of  the 
United  States,  by  reason  of  the  existing  war,  it  is  not  practicable 
to  procure  certified  copies  of  Wills,  Deeds,  Contracts,  and  other  pa- 
pers, under  the  rules  of  Law,  nor  the  testimony  of  witnesses  resid- 
ing therein,  by  reason  whereof  much  wrong  and  injury  is  likely  to 
hapen  to  citizens  of  this  State, — for  remedy  whereof. 

2.  Section  I.  The  General  Assembly  do  enact,  That  in  all  suits  or 
other  legal  proceedings,  whether  at  law  or  in  equity,  and  whether 
the  same  are  now  pending,  or  shall  be  hereafter  instituted,  it  shall 
f^fuies^r^^tl  may  be  lawful  for  the  presiding  Judge  in  the  trial  of  all  such 
wrtaTcaJs"  cases  or  proceedings,  so  to  relax  and  change  the  rules  of  evidence, 
as  to  him  may  seem  best  and  most  to  promote  the  ends  of  Justice  ; 
and  to  admit  and  allow  such  proof  and  testimony  as  the  nature  of 
each  case  may  require. 

Sec.  II.  All  conflicting  laws  are  hereby  repealed. 
Assented  to  December  16,  1861. 


ART.  IV.— JUDGMENTS  AND  EXECUTIONS. 


Sec  1.  Stay  luw  re-enacted. 
"    2.  Stiiy  of  cxeeution.s    on  judgments  ol) 
tained  against  soldiers    wliile  in  ser- 
vice. 
"    3.  Such  judgments  may  be  opened. 


Sec.  ■].  Certain  judgments  and  orders  of  Or- 
<linaries  while   in  service    legalized. 
Proviso. 
"     2.  ElTect  of  judgment  of  divorce. 


(No.  52.) 

An  Act  to  continue  in  force  the  4:th  Section  of  an  act  passed  over  the 
Governor'^ s  veto  on  the  30th  day  of  November,  1S60,*  entitled  ^^  An 
Act  to  provide  against  the  forfeiture  of  the  several  bank  charters  of 
this  State  on  account  of  non-specie  payments  for  a  given  time,  and  for 
other  purposes,  passed  in  the  year  1857  ;t  a7id  to  susjiend  the  pains 
and  penalties  imposed  upon  the  several  hanJcs  and  their  queers  iii  this 
Stale,  for  Jion-pay?nent  of  specie,  and  other  purposes,^''  and  also  "  An 
Act  to  add  a  proviso  to  the  ^th   Section  of  An  Act  entitled  An  Act 
for  the  relief  of  the  people  arid  hanlcs  of  this  State,  arid  for   other 
irurposes,  passed  on  the  30th  of  November,    1860;  and   to  add   an 
additional  Section  to  said  Act,"  assented  to  20th  December,   I860.} 
1.  Section   1.  Be  it  enacted.  That  the  before  recited  part  of  Aa 
Act,  and  also  the  before  recited  Act,  be,   and  the  same  are   here- 
wiMted^^'^ by  re-enacted   and  continued   in  force   until  the   first  day  of  De- 
cember, 1862. 

Assented  to  November  30th,  1861. 

•Acts  of  1860,  p.  21,  22,23. 

tActs  of  1857,  p.  2f,,  27,  28,  29. 

JActa  of  1860,  p.  23. 

See  also  notes  of  Act  No.  6,  to  continue  Bank  suspension,  Title  B.\nks  and  Banking. 


PUBLIC    LAWS.— Judiciary. ^Sl 

Stay  of  execution  on  judgments  against  soldiers  in  service— Orders  and  Judgments  of  Ordinaries. 

(No.  53.) 

An  Act  for  the  Protection  of  Soldiers  in  the  service,  against  Judgments, 
in  certain  cases. 

2    Section    I.     The     General    Assembly    of   Georgia    do     enacts 
as    follows:    That  no  judgment     which   has  been  obtained,     or '"'"'"» "»^^ 
which  may  hereafter  be  obtained  in  any  of  the  Courts  of  this  State,  taiu.dagaiLt 
against  any  soldier,    durint^-  iiis  absence    from  home  in  the  service  1"*^""'^.  '* 
of  this   State  or  of  the   Confederate  States,  shall   be  enforced  by 
execution  until  three  months  shall  have  expired  I'rom   such  time  of 
such  soldier's  discharge  from  service. 

3.  Sec.  IL  That  in  all  cases  where  any  judgment  has  been  or 
may  hereafter  be  obtained    against  any  soldier  whilst  he  is  absent 
from  home  in  the  service    of  the    State  or  Confederate   States  as 
aforesaid,  such  soldier  shall  have  the  right  at  any  time  within  three  .^".o'^^'J^fj to 
months  after  his  discharge,  to  open  such  judgment,  by  making  an "P"'"'^- 
affidavit  that  he  was  not  personally  served  with  process  in  the  case 

in  wiiich  the  judgment  was  obtained,  and  that  he  has  a  good  and 
subsisting  defence  against  such  judgment;  which  defence  shall  be 
stated  in  the  affidavit;  and  the  issue  thus  made  shall  be  tried  as  in 
cases  of  illegality. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  l^th  December,  1S61. 

(No  54.) 

An  Act  to  legalize  the  Orders  and  Judgments  of  Ordinaries  of  this 
State,  where  the  same  may  be  j'assed  by  them  bei/07id  the  limits  of  the 
same. 

4.  Section  I.    The  General  Assembly  do  enact,  That  all  orders  or 
judgments  heretofore   passed  or  pronounced  in   granting    leave  to 

sell  land  or  other   property  of  deceased  persons,  by  the  Ordinary  (^"taii  j<>dg- 
of  any  county  while  he  is  absent  in  the  service  of  the   State  ord"™r™dei|^d 
Confederate  States,   where  all  the  legal  notices  required  by  law  "^i^ii-- i"'"er- 
have   been,  or  may  be  given  of  such  intended  application,  and  all^^'^^^:  '^ 
legal  requirements   have  been,  or  may  be   complied  with,    and 
where  no  objections  have  been,   or  shall  be  filed,  shall  be  deemed, 
held  and  taken,    as  binding   and   effectual  to  all  intents  and  pur- 
poses,  as  if  the  same  were  pronounced  in  open   Court  by  the  Or- 
dinary at  the  proper  time.     Provided,    nevertheless,    that  any  person 
who  may  have  an  interest  in  the  property  ordered  to  be  sold,  his 
agent,  attorney  or  next  friend,  sh  ill  have  the  right  to  enter  a  caveat 
against  the  sale  of  said  property,  at  any  time  before  the  sale  there- 
of; which  caveat  shall  suspend  such  judgment   or  order,  until  all  Proviso, 
the  parties  can  be  heard  belore  the  Ordinary  in  the  county,  in  the 
regular   mode  of  such  proceeding ;  and  any  person   aggrieved    by 
said  order,  may  attack  it  for  fraud,  in  any  Court   where  it  may  be 
sought  to  be  used    for  the  protection  of  the   party  procuring  the 
same. 

Assented  to  December  13,  1861. 


#i 


PUBLIC    LAWS.— Judiciary. 


Divorce. — Statutes   cf  Limiiatiors. 


(No.  55.) 

An  Act  to  rcIicL'c  certain  2^c^'^ojis  from  the  jmins  and  disabilities  of  a 
judgment  of  Divorce. 

A.  person  a- 

rjudgn"-ut'"f  5.  Section  I.  T/ic  Gcueral  Assembly  of  Gemgia  do  hejehj  enacts 
biIn'rTnd"reaThat  all  persons  who  have  had  a  judgment  Divorce  rendered  against 
"a?ruTe™"^  them,  shall  have  the  right  and  privilege  of  contracting  marriage 
Xr"  from"  again,  after  the  lapse  of  one  year  from  the  time  of  the  rendering 
jud^aTeut!""'^  of  the  final  judgment  in  the  Divorce  case. 
Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  12th,  1861. 

Note. — The  third  Section  of  the  act  of  5th  Dec.  ISGO,  was  in  tliese  words,  viz :  "  In  all 
cases  where  the  verdict  bball  be  for  au  absolute  divorce,  the  party  whose  improper  or  criminal 
couduct  8hull  authorize  such  divorce,  ehullnot  be  puniiittfd  to  niarrj'  nf^aiii  duriii<5the  life  of 
the  other  party,  and  in  case  of  such  second  marriage,  the  party  so  ofl'ending  shall  be  subject 
to  the  pains  and  penultios  enacted  against  bigamy.  Prurided  alwayi,  tliut  whore  the  mar- 
riage is  dcclfued  void  for  such  causes  exi.'^tiiig  btrfioe  such  intermarriage  as  are  recognized  by 
the  Ecclifsiastical  Courts,  the  siiiil  parties  tnuy  marry  a^ain,  any  thing  herein  contained  to  the 
contrary  notwithstanding."     See  T.  Iv.  Iv.  Cobb's  New  Digest,  p.  2:25. 


ART.  v.— STATUTES  OF  LIMITATIONS. 


Sec.  1.  Statutes  of  limitations  suspended. 


iSkc.  2.  Shall  commence  to  run  again  when 
I  peace  shall  be  declared. 


Statiifps  of 

limitation 

■UHpeiided. 


Shalt  com- 


(No.  5Q>.) 

An  Act  to  suspend  the   Statutes  of  Limitation,  and  for  other  inirposcs. 

1.  Section  I.  The  General  Assembly  of  the  State  of  Georgia  do 
enact,  That  from  and  after  the  passage  of  this  Act,  the  Statutes  of 
limitation  now  in  force,  be  and  the  same  are  hereby  suspended 
during  the  present  war. 

2.  Sec  II.  Be  it  further  eyiacted,  That  in  all  cases  where  the 
StiTwhwr  statute  of  limitation  has  commenced  to  run,  the  same  shall  be  sus- 
Swed."  '^""pended  until  peace  is  declared  by  the  Proclamation  of  the  Presi- 
dent of  the  Confederate  States  ;  at  which  time  it  shall  commence, 
computing  the  time  it  had  already  run  at  the  time  of  the  passage 
of  this  Act,  in  favor  of  any  person  or  persons,  or  corporation  rely- 
ing on  the  same. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  14,  1S61. 

Note. — The  Statutes  relating  to  limitation  of  actions  are  too  numerous  to  be  referred  to 
separntely  in  a  note  See,  generally,  T.  1{.  R.  Cobb's  Now  Digest,  Title  "  Limitation  of  Ac- 
tions ;"  from  page  tm  to  .'irO.  Sec  also  Acts  of  1851  '5^,  p.  238  to  240 ;  Acts  of  1855  '56,  p. 
233 ;  Acts  of  1859,  p.  50. 


PUBLIC  LAWS.— Judiciary. 


63 


Justices      Courts. 


III.  COURTS  OF  SPECIAL  JURISDICTION. 
Art.  I.  City  Courts. 

[For  Act  autliorizing'  the   City  Council  of  AufjuBta  to  lix  the   salary  of  the  Judge  of  the 
City  Court  of  said  City,  see  Act  No.  87,  Title  "  Cities  aud  Towns,"  Private  and  Local  Laws.] 


Art.  II.  Justices  Courts. 


Sec.  1.  Cases  of  trespass  upon  persona!  prop 
erty  may  be  tiied  in  Justices    Courts. 


Sec.  2.  When  J.  P.  dies  before  answering  a 
certiorari  pending,  Judge  to  order  a 
new  trial  in  tiie  Court  below. 


(No.  57.) 

An  Act  to  give  to  the  several  Justices  Courts  of  this  State,  Jurisdiction  in 
cases  soundivg  in  damages*  in  certain  cases. 

1.  Section  1.  Be  it  enacted,  That  the   Justices    Courts    of  this 
State,  shall  have  power  to  try  all  cases  of  trespass  upon  personal  ^.^^p,  ^r  t^^^ 
property,  where    the  amount  claimed  does   not  exceed  the  juns-^,Xunope^ 
diction   of  the   Court,    and  give  judgment   for  plaintiffs   for   the fj';^"^''?,,'';;,,^ 
amount  of  damages  that  may  be  proven,  under  the  same  rules  and"^'^^  ^""'■^•• 
regulations   in  such  cases,  as  in  the  Superior  Courts.     Provided, 
That   either  party  being  dissatisfied  with  the  judgment  of  the 
Court,  shall  have  the  right   of  an  appeal  to  a  jury;  and  the  same 
shall  be  tried  as  other  appeals  in  said  Court. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  9,  1S61. 

*By  act  of  1799,  it  was  declared  that  "  no  Justice  of  the  Peace  shall  su.'stain  or  try  any  sat- 
isfaction in  damages  for  any  trespass  on  tlie  person  or  property  of  such  plaintiflf."  T.  R.  R. 
Cobb's  New  Digest,  p.  633. 


(No.  58.) 
An   Act  to  amend  the  Certiorari  laws  of  this  State. 

2.  Section  I.  The  General  Assembly  of  the  State  of  Georgiu  do 
enact,  That  in  all  cases  now  pending,  or  which  may  be  hereafter  ^^^,pn  t,,^  j 
peudiuff  in  the  Superior  Courts  of  this  State,  upon  certiorari,  from  l,\!llZ'^f"'^ 
any  Justices  Court,  and  the  Justice  or  Justices  before  whom  tbe|;;'';|j';'„'*" 
case  was  tried,  may  have  died  before  answering  the  writ  of  certio-^;.V''^^Vwtriai 
rari  served,  then  it  shall  be  the  duty  of  ihe  presiding  Judge,  i°J;°"'^^ 
forthwith,  to  order  a  new   trial   to  be  had  upon  the  case  in  the  « 

Court  below. 

Sec.  II.  All  laws  conflicting  are  hereby  repealed. 

Assented  to  December  11,  1861. 

Supreme  Court  Decision.  Where  the  Justices  of  the  Inferior  Court  issue  execution 
against  the  County  Treasurer  and  lis  sureties,  improperly,  Certiorari  is  not  the  remedy — 
Buch  Justices  not  being  a  Court.    29  Ga.  Repts,  155. 


PUBLIC  LAWS.— Military. 


Military    Laws. — Public     Defence. 


TITLE  XVI. 


MILITARY. 


Sec.  1.  Pay  of  troops  in  State  service.    No.  of 
troops  in  Coaipany.    Ciiaplains. 
•'  2.  Chaplain,  liow  uppointol — his  pay,  &,c 
"  3.  Persona  licretutbru  serving  as  Chapluius 

to  be  pjiiil. 
"  4.  $3.jl),0UU  appropriated  for  manufacture 
and  purcliiuse  of  aruiw. 


Sec.  5.  Governor  to  buy  machinery,  &,c.,  and 
put  in  operation  in  Penitentiary  for  the 
manufacture  of  arms. 

"  6.  Governor  may  purchase  arms  and  artil- 
lery. 

"  7.  Inspection  of  arms. 


(No.  59.) 

An  Act  to  amend  the  Military  Laws  of  this  State. 

1.  Section  I.   IVie  General  Assembly  o/tlie  State  of  Georgia  do  en- 
act as  follows,  iD-wit :  That  all  troops,  of  every  character,  now  in 
Pay  andai-   the  servicc  of  Giior2:ia,  or  that  may  hereafter  be  caUed  into  the  ser- 

lowauce  of  .  in  •  i  in  i  1 1  i    j^ 

Troops  iu     Vice,  shall  receive  the  same  pay  and  allowance  as  that  allowed  to 

S'ate  service  i     ,         V^,        p     ,  i  i  i  /  1 1      i    • 

No.  in  a  Com- 1  lie  Uontedcrate  ti'oops ;  aiid  each  uompany  hereaiter  called  into 
SSnB.'         service,  shall  have  the  same  number,*  rank  and  file,  as  that  requir- 
ed by  the  laws  of  Congress  and  the  Army  Regulations  of  the  Con- 
federate States  ;  and  Chaplain  and  Surgeon  maybe  appointed,  with 
the  same  rank  and  pay  as  those  in  the  Confederate  Army. 
Assented  to  December  14,  1861. 

*  By  the  third  Section  of  Act  of  18th  December,  1860,  a  Company  of  Infantry  must  have  no 
less  tiian  fifty  nor  more  than  eiglity  ran/c  anti  file;  and  by  tlie  tifth  Section  of  the  same  Act,  a 
Company  of  Cavah-y  could  not  have  le.ss  tlian  thirty-tive  men,  ronk  and  fie,  nor  more  than 
sixty  ;  and  by  the  tii.xth  S^'Ction,  a  Company  of  Artillery  could  not  have  leas  than  sixty-four  not 
more  than  eighty  men.    See  Acts  of  18G0,  p.  50. 


Chaplainn, 
bow  appoint 
ed. 


(No.  GO.) 

An  Act  to  amend  An  Act  entitled  An  Act  to  irrovideftr  the  Public  De 
feyice^  and  for  other  purjtoses,  assented  to  December  the  18th,  18(50. 

2.  Section  I.    The  General  Assembly  do  enact,  That  to  each  regi- 
ment organized  under  the  provisions  of  the  above  entitled  Act, 

"there  shall  be  a  Chaplain,  to  be  appointed  by  the  Governor,  upon 
the  recommendation  of  a  majority  of  the  commissioned  ollicers  of 
the  regiment,  whose  pay  and  rations  shall  be  the  same  as  those  al- 
lowed by  the  Congress  of  the  Confederate  States  to  Chaplains  of 
the  Confederate  Army,  and  who  shall  be  provided  by  the  regimen- 
tal Quartermaster  with  a  separate  tent  for  his  use  as  Chaplain. 

3.  Sec.  IL    The  General  Assembly  do  f/rther  enact.  That  such  per- 
■ifgSGns  as  have  been  serving  in  the  capacity  of  Chaplain  in  any  of  the 

to' b^'prid'""' military  forces  of  this  State,  with  the  approbation  of  the  command- 
ing officer,  shall  be  entitled  to  the  foregoing  pay  and  emolument, 
from  the  date  of  the  commencement  of  their  services. 

Assented  to  December  16,  1861. 

Note. — Heretofore  our  Statutes  made  no  provision  for  Chaplains  in  the  Army. 


Pereona  liore- 


PUBLIC  LAWS.— Military. 


JIaiiufactnre  and  purchase  of  Anns  for  tlie  public  defence. 


imrj  !*- 
ue  StaJto 

tlie  mtiSKjz. 
or  mcT  iivftii 


(No.  GL) 

An  Act  to  inovidc  for  the  manvfactvrc  and  purchase  of  arms  for  the  ])iih- 
lic  defmce,  and  to  ap2>ro2)riatc  money  for  tlic  same. 

4.  Section  I.  Be  it  enacted  hi/  the  General  Assemhhj,  That  the  sum  ^^g^^j,^^^^ 
of  three  hundred  nnd  fifty  thousand  dollars  be,  and  the  same  isp^'pf'j*'^;^*'^ 
hereby  appropriated  ond  set  apart  out  ot  any  money  in  the  Treas- ^"•i^i^^»- 
ury  not  otherwise  appropriated,  as  a  fund  for  the  manufacture  and 
purchase  of  arms  for  the  public  defence;  and  should  there  at  any 

time  be  a  dehciency  of  money  in  the  Treasury,  not  otherwise  ap- 
propriated, necessary  to  meet  in  whole,  or  in  part,  as  it  may  be  got.^ 
needed,  the  said  appropriation,  then  His  Excellency  the  Governor iVomut^ 
shall  be,  and  he  is  hereby  authorized  and  empowered  to  issue  and*  "  '" 
negotiate  bonds  of  the  State,  in  sums  of  five  hundred  dollars  each,iv'Not«}ir 
payable  twenty  years  from  date,  bearing  eight  per  cent  interest  pay-'  ^"'^''^ 
able  semi-annually  with  coupons  attached,  in  such  amount  as  may 
be  needed  from  time  to  time,  to  supply  such  deficiency ;  which 
bonds  may  be  redeemed  at  the  option  of  the  State,  at  any  time, 
after  the  expiration  of  five  years  from  the  time  they  are  issued  ; 
Provided,  That  in  lieu  of  the  bonds  provided  for  herein,  the  Gov- 
ernor, in  his  discretion,  may  issue  a  part  of  said  amount  in  Treasury 
notes  of  this  State. 

5.  Sec.  IL  Be  it  further  enacted,  That  His  Excellency  the  Gov- 
ernor be,  and  he  is  hereby  authori/ed  and  empowered  to  procure  got.  t«%x«j. 
and  purchase  all  the  machinery,  tools,  implements,  and  materials  &,'"'!''» "rvi» 
necessary  to  be  used  in  the  manufacture  of  arms,  such  as  muskets,  |"|.y*'i^ 
rifles,  and  bayonets,  and  to  pay  for  the  same  out  of  the  appropria- 
tion herein  made  ;  and  to  direct  said  machinery  to  be  put  in  opera- 
tion in  the  Penitentiar}"  of  this  State  ;  and  to  employ  such  of  the 
convicts  therein  confined,  as  may  be  needed,  in  the  manufacture  of 

the  arms  aforesaid,  under  the  direction  of  an  Armorer  and  Superin- 
tendent, to  be  appointed  by  the  Governor,  together  with  as  mauj. 
master  workmen,  as  may  be  necessary  to  conduct  said  work^  at< . 
such  salaries  as  the  Governor  in  his  discretion  may  deem  proper:  . 
and  His  Excellency  the  Governor  is  hereby  empowered  to  put  such:, 
machiner}^  in  operation  at  such  other  place  or  places,  as  he  in  hrs' 
discretion  may  think  proper. 

6.  Sec.  HI.  Be  it  further  enacted,  That  His  Excellency  the  Gov- 
ernor be,  and  he  is  hereby  authorized  to  use,  from  time  to  time, 

such  part  of  said  appropriation  as  may  be  necessary  to  pay  for  such ''^^^j,^ 
arms  above  specified,  as  he  in  his  discretion  may  purchase,  and  for "[fj^^ '°* "^ 
the  purchase  of  such  artillery  as  may  at  any  time  be  needed  for  the 
public  defence,  together  with  all  accoutrements  and  munitions  of 
wur  necessary  to  accompany  the  same,  and  as  far  as  practicable,  to 
have  said  arms  and  artillery  thoroughly  tested  and  inspected  before 
a  purchase  is  made. 

7.  Sec.  IV.  Be  it  further  enacted,  That  His  Plxcellency  the  Gov- 
ernor be,  and  he  is  hereby  authorized  to  employ  one  or  more  com- 

6 


ry.  tcr  mnotv- 

I'ucturiirg. 

anus. 


K 


<GG 


PUBLIC  LAWS.— Monopolies. 


Monopolies,  Extortions  and  Speculation   iu    Breadstuffa. 


peteiit  officers  to  test  and  inspect  such  arms  as  he,  in  his  discretion, 
in.p.'ciiou  "fj^^rjy  purchase,  so  far  as  it  may  be  practicable  to  have  them  tested 
and  inspected  ;  and  to  pay  such  officers  out  of  the  fund  hereby  ap- 
propriated, such  compensation  as  he,  in  his  discretion,  may  deem 
proper. 

Assented  to  December  3  2,  186 L 


TITLE  XV II. 


MONOPOLIES. 


Sec.  I.  Buying  certain  nrticles  protending  fnlsn- 
ly  to  purchase  for  Government,  made 
penal.  Imprisonment  in  Penitentiary. 
Onus  of  proving  agency  on  defendant. 

"  2,  Alonopolizing  certain  articles  made  pe- 
nal.   I'enalty,  fine  not  over  $5,000. 

"  3.  Demanding  exorbitant  prices  for  such 
articles,  deemed  extortion.  Penaltj', 
tine  or  imprisonment,  or  liotli. 

"  4.  Duties  of  juries  iu  all  trials  under  .said 
3d  Section. 


Sec.  5.  I'rovision  in  case  a  Corporation  violatea 

the  foregoing  Sections  of  this  Act. 
"  C.  In  relation  to  such  articles  purchased 

outside  of  Georgia. 
"  7.  Judges  Sunerior  Courts  to  give  this  Act 

in  special  charge  to  Grand  Juries. 
"  8.  Indictments  under  this  Act. 
'    9.  Act  to  taki(  elTect  1.3fh  December,  18fil ; 

and  continue  iu  force  12  mouths,  or  till 

end  of  war. 


(No.  62.) 

An  Act  to  prevent,  during  the  existing  War,  MonnpoJics,  Extortions  and 
Speculation  in  Brcadstvffs  and  other  articles  of  general  use  and  con- 
sumption., and  to  male  such  acts  criminal,  and  to  jrrovidc  penalties  for 
the  same. 

•  1.  Section  I.  Be  it  enacted  hi/  the  General  Aasemblij,  That  if  any 

person  shall  purchase  any  articles  of  clothing,  shoes,  leather,  cloth 
S^^J"«rti<us  of  any  kind,  provisions,  wheat,  flour,  corn,  corn  meal,  meat,  bacon, 
^^^^^^^^"^Hr-liogs,  cattle,  salt,  bagging,  rope  and  twine,  or  any  or  either  of  the 
^mJot  or'^^oresaid  articles,  or  any  other  article  or  thing,  and  shall  falsely 
S^«")Viiai  represent  that  he  or  they  is  or  are  purchasing  such  article  or  arti- 
cles for  the  soldiers  or  Government,  or  Army  of  this  State,  or  of  the 
Confederate  States,  or  of  any  of  the  Confederate  States,  or  for  any 
Army   or  troops   friendly   to    the  Confederate   States,    or  shall, 
by  any  fraudulent  contrivance,  induce,  or  attempt  to  induce  the 
vendor  to  believe  that  he  or  they  is,  or  are,  purchasing  such  article 
or  articles  for  the  Army  or  Government  of  this  State,  or  the  Con- 
federate States,  or  of  any  of  the  Confederate  States,  such  person  so 
priiajty  im-  offcnding,  shall  be  guilty  of  a  felony;  and  upon  conviction  thereof 
?lTSiary"ii^  thc  couuty  where  the  purchase  may  be  made,  shall  be  punished 
by  imprisonment  and  hard  labor  in  the  Penitentiary,  not  less  thau 
onu.  of   ro-Oi^c  ycar,  nor  longer  than  three  years ;  and  upon  all  trials  for  such 
SJ'S^^t  offence,  after  proof  of  the  representation  shall  be  made,  the  o}uis  of 
proving  the  agency  shall  rest  upon  the  defendant. 


PUBLIC  LAWS.— Monopolies.  67 

Monopolies,  Extortions  and  Speculation  in  Breadstuffs. 

2.  Sec.  II.  Be  it  further  enacted^  That  all  and  every  person  or  per- 
sons who  shall  monopolize  any  of  the  articles  above  mentioned,  ^^""?p«''^'.°s 

...  1^  •  p  ^  •     \  ■    ^  certain  arti- 

with  mtent  to  produce  a  scarcity  oi  such  article  or  articles  in  the ^'«* ,"":!« 

p-'i  ••  />!  •!  •  ponal.      I'en- 

market,  or  oi  raisiiicr  the  price  or  prices  oi  such  articles,  or  either  »"^y-  fiji*' "ot 
01  them,  or  it  any  person  or  persons  sliall  purcliase,  procure,  or  re- 
ceive any  of  the  articles  specified  in  the  preceding  section,  and  hold 
the  same  for  the  purpose  of  engrossing  the  market  and  raising  the 
price  of  such  article  or  articles,  such  person  or  persons  so  ofl'ending, 
shall  he  guilty  of  a  misdemeanor ;  and  upon  conviction  thereof, 
shall  be  fined  in  a  sum  not  less  than  five  hundred  dollars,  nor  ex- 
ceeding five  thousand  dollars. 

3.  Sec.  III.  Be  it  further  enacted,  That  any  person  or  persons 

who  shall  exact,  demand,  or  receive  exorbitant,  unjust,  or  unreas--x"rbiunt 
onable  prices  for  any  of  the  articles  enumerated  in  the  foregoing  Mu-irarticies 
sections  of  this  Act,  shall  be  guilty  of  the  crime  of  extortion  ;  andt^nX.  'pJn. 
upon  conviction  thereof,  shall  be  punished  by  fine  or  imprisonment,  Lp'riROB."'^ 
or  both,  in  the  discretion  of  the  Court;  the  fine  not  to  exceed  one"""'°'  ° 
thousand  dollars,  and  the  imprisonment  not  to  exceed  six  months. 

4.  Sec.  IV.  Be  it  further  enacted,  That  in  all  trials  for  a  violation  D„tipga„^ 
of  the  third  section  of  this  Act,  the  Jury  may  take  into  considera-I^i""';n\°,''tJ"i: 
tion  the  cost  of  producing  the  articles,  with  expenses  of  transpor-^aij"3r|'Bec. 
tation  to  market,  if  the  defendant  be  a  manufuctiirer  or  producer"""- 
thereof;  and  the  original  price  paid  therefor,  with  cost  of  transpor- 
tation, if  the  defendant  be  a  merchant  or  trader. 

5.  Sec.  V.  Be  it  further  enacted,  That  if  any  or  either  of  the  of- 
fences specified  and  described  in  the  foregoing  sections,  shall  be oasTa cwpo"- 
committed  by  a  Corporation  through  its  agents,  the  President  and  uract""''"''' 
Directors  of  such  Corporation,  as  also  the  agent  so  offering  the  ar- 
ticle for  sale,  shall  be  liable  to  be  severally  indicted  for  such  of- 
fence ;  and  upon  conviction,  shall  be  punished  as  is  herein  before 
prescribed. 

6.  Sec.  YI.  And  be  it  further  enacted,  That  any  of  the  above  arti- 
cles may  be  purchased  without  the  limits  of  this  State,  and  1111-81"™ \rtkk.s 
ported  into  this  State  for  sale,  and  at  a  price  not  exceeding  the  cur-Sftiiia^stlto"' 
rent  prices  in  the  neighborhood  where  the  same  may  be  oftered  for 

sale. 

7.  Sec.  VII.    Be  it  father  enacted,    That  it  shall  be  the  duty  of^;V'';^;'^^f;[; 
the  Judges  of  the  Superior  Courts  of  this  State,  at  the  opening  of^".t''/^'',*j^;'g, 
each  session  of  their  respective  Courts,  to  give  the  provisions  of  this ^'^"/^^  j°. 
Act  in  special  charge  to  the  Grand  Jury.  "«■"• 

8.  Sec.  VIII.  Be  it  further  enacted,  That  in  all  indictments  under  f/^'t'^^iJ" 
this  Act,  it  shall  only  be  necessary  to  state  the  offence  generally ''''• 

and  substantially,  in  the  words  of  this  Act. 

9.  Sec.  IX.  Be  it  further  enacted,  That  this  Act  shall  take  efl'ect.^rtilusth"' 
and  go  into  operation  from  and  after  the  l-3th  day  of  this  present {86n^7',^ 
month,*  and  shall  continue  in  force  for  twelve  months,  or  until  the^^onTh^or 
end  of  the  present  war.  war"**  ""^ 

Assented  to  December  14,  ISGl. 

'  lot!)  December,  1861. 


68 


PUBLIC   LAWS.— Penal   Code. 


Additional  Section  added  to  the  Tenth  and  Thirteenth   Divisions  of  the   Penal  Code. 


TITLE  XVIII. 


PENAL  CODE. 


Sec.  I.  Another  Section  addetl  to  the  10  h  Di- 
vii-ion  of  the  Penal  Code— A  white 
■woman  cohabitinji;  with  a  nepro  or  free 
person  of  color,  coniiiiita  adultery — tri- 
al and  punishment. 
"  2.  Another  Section  ndilcd  to  the  13tb  Di- 
vision ot^Peral  Coile.  Slave  or  free 
person  of  color  wilfully  danniKing,  \-c. 
K.  K.  property  shall  be  puni.'rhed  with 
death. 


Sec.  3.  A  12th  Section  added  to  the  5th  Divis- 
ion of  the  Penal  Code.  Slave  or  frco 
person  of  color  wilfully  burning  R.  K. 
bridge,  to  be  puniKhcd  with  death. 
"  4.  Act  (>f22d  February,  IS.'ifl,  amended — 
Solicitors  General  nceiving  fees  or 
cost  in  certain  cases  declared  a  mi.s- 
dcincnnor— punishment. 
"  5.  Trading  with  the  enemy  during  Lliewar- 
ft  felony — puuishmeut. 


(No.  03.) 


Ati  Act  to  add  an  additional  Section  to  tlic  Tenth  and  Thirteenth  Di- 
visions of  the  Penal  Code  of  this  State. 

1.  Section  I.  Br  if  enacted,  That  from  and  after  tlie  passage  of 
this  Act,  the  following  Section  shall  be  added  to  the  tenth  division, 
of  the  Penal  Code  now  offeree,  and  shall  be  part  thereof: 

Adultery  for  Any  whlto  woman  within  the  limits  of  this  State,  who  shall  live 
man  to  ^-'  or  cohttbit  with  any  negro  slave  or  free  j^erson  of  color,  shall  be  guilty 
Biave  "r'free  of  adultcry  Or  fornication,  as  the  case  may  be,  and  be  indicted  for 
peMouof  coi-^j^^  same;  and  on  conviction,  shall  be  lined  or  imprisoned  in  the 
uishmeut;  commonjall  of  the  county,  or  both,  at  the  discretion  of  the  Court; 
and  said  shive  or  free  person  of  color  so  found  living  or  cohabiting 
p.misiiment  with  auv  wliitc  woiiiau  in  this  State,  shall  be  imprisoned  for  one 
freepersouofYveek,  lu  thc  county  jail,  and  receive,  during  said  week,  tlurlij-ninc 
*°°''  lashes  on  his  bare  back,  on  three   several  days  during  said  week; 

and  the  owner  of  said  slave  shall  pay  the  expenses  of  said  impris- 
onment and  correction  of  said  slave;  and  if  a  free  person  of  color, 
his  Guardian  shall  pay  all  of  said  expenses  and  costs. 

2.  Sec.  1L  Be  it  further  enacted,  Tliat  from  and  after  the  passage 
of  this  Act,  the  following  shall  be  added  as  an  additional  Section  of 
tiie  thirteenth  division  of  the  Penal  Code,  to-wit : 

That  if  any  slave,  or  free  person  of  color,  shall  wilfully  destroy, 

or  in  any  manner  hurt,  damage,  injure,  or  obstruct,  or  shall  aid  and 

assist  in  any  way  whatever,  to  hurt,  damage,  injure,  or  obsuct,  any 

Slave  or  freo Rail road  bridge  in  this  State,  or  any  branch  thereof,  or  any  bridge 

orTupug'^'' connected  therewith,  or  any  vehicle,  edifice,  car,  carriage,  or  en- 

proi,.n5,°    gine,  of  any  of  said  Railroads;  or  shall,  without  the  consent  of  the 

wituleith.    Company,  move,    or  interfei-e  or  meddle  with  any  gate,  switch, 

sidling,  or  other  appurtenance  to  any  such  Railroad,  such  slave  or 

free  person  of  color  so  olfending,  shall  and  may  be  indicted  ;  and  on. 

conviction,  shall  be  punished  by  death. 

Assented  to  December  16,  ISGl. 


PUBLIC   LAWS.— Penal  Code.  G9 

liail  Koad  Bridges. — Criminal    Prosecutions. 

(No.  64.) 
Afi  Act  to  add  an  addifional  Section  to  the  Fcwd  Code  of  Georgia, 

3.  Section  I.  The  General  Assonbhj  of  Georgia  do  enact  as  folJoivs: 
That  the  following  shall  be,  and  is  hereby  added  as  a  twelfth  Sec- 
tion of  the  fifth  Division  of  the  Penal  Code  of  this  State  : 

The  wilful  or  malicious  burning,  or  attempting  to  burn  any  Rail- ^^ve°or'froo 
road  Bridge  within  this  State,   (orherwise  than  under  the  order  ofj?,',"™o"bum 
the  Governor,  or  some  military  officer  of  this  State  or  of  the  Cou-^-  ^-  ^"'^^*'- 
federate  States,  during  the  continuance  of  the  existing  war,)   shall  Pmmhment 
be  deemed  and  adjudged  Arson  ;  and  shall  be  punished  with  death.  "^^^  ' 

Assented  to  December  16,  1S61. 

(No.  65.) 

An  Act  to  amend  Jhi  Act  entitled  An  Act  to  authorize  the  settlement  of 
criminal  prosecutions  in  certain  cases,  and  to  regulate  more  iiarticular- 
hj  the  duties  of  the  Attorncij  and  Solicitors  General,  and  fix  their  lia- 
bilities, approved  Februanj  22d,  1850.* 

Whereas,  By  the  fourth  Section  of  the  above  recited  Act,  the 
Attorney  and  Solicitors  General  are  prohibited  from  demanding  or 
receiving  any  fee,  or  cost,  on  any  criminal  case  which  has  not  been 
tried  by  a  Petit  Jury,  except  such  as  are  provided  for  in  the  first 
Section  of  said  Act,  whereby  the  Attorney  and  Solicitors  General 

•■  *^  Preamble, 

are  deprived  of  the  cost  in  all  cases  settled  under  the  third  Section 
of  said  Act,  as  well  as  in  all  cases  finalh"-  disposed  of  without  going 
before  a  Petit  Jury,  by  the  defendants  placing  a  demand  for  trial 
upon  the  minutes,  or  otherwise,  for  remedy  whereof, 

4.  Section  L  Be  it  enacted,  Tnat  the  fourth  Section  of  the  above  ^^^  ^j^^^,. 
recited  Act,  be  so  amended  as  to  read  us  follows  :     Any  Attorney  ^X^i'^^/^^^^*, 
or  Solicitor  General,  who  shall  demand  or  receive  any  fee,  or  costs,  j;;.^'|4Vf?e 
on  any  criminal  case  which  has  not  been  tried  by  a  Petit  Jury,  or^;^™?^'!,"^^^^ 
otherwise  finally  disposed  of,  shall  be  guilty  of  a  misdemeanor;  and 

on  conviction  shall  be  punished  b}^  a  fine  or  imprisonment,  at  the 
discretion  of  the  Court. 

Assented  to  December  16,  1S61. 

"  For  thia  Act,  see  T.  It.  K.  Cobb's  New  Digest,  p.  45G. 

(No.  66.) 

An  Act  to  prevent  Trading  with  the  Enemy  in  time  of  TVar,  within  this 
State,  or  a  Port  of  any  other  State. 

5.  Section  I.  Be  it  enacted,  That  irom  and  after  the  passage  of 

this  Act,  it  shall  be  unlawful  for  any  person  to  send  or  carry,  to  Trading  with 
sell,  or  otler  for  sale,  in  any  port,  city,  town,  or  other  place,  within  d,',ri*nTf'h« 
this  State,  whilst  the  same  is  in  possession,  or  under  the  control  Qf""- » "■*=  ""y- 
the  enemy  of  the  Confederate  States,  or  the  State  of  Georgia,  any 


70  PUBLIC  LAWS.— Salaries. 


Salaries  and  compensation    of    certain  oflSccra. 


cotton,  grain,  provisions,  or  other  article  of  trade,  and  merchandize 
of  any  kind,  or  shall  send,  or  cause  to  be  sent  out  o^'this  State,  with 
the  intention  of  carrying,  or  sending  to  sell,  or  offer  for  sale,  any 
such  articles  at  any  such  ports  or  place.  And  any  person  who 
shall,  directly  or  indirectly,  violate  the  provisions  of  this  Act,  shall 
be  deemed  guilty  of  a  felony ;  and  on  conviction  thereof,  shall  be 
punished  by  imprisonment  in  the  Penitentiary,  lor  a  term  of  not 
less  than  two  years,  nor  longer  than  ten  years. 

Assented  to  December  10,  ISGl. 


PuniBhinout. 


TITLE  XIX. 


SALARIES. 


Sec.  1.  Of  Governor.  Judge.s  of  Supreme  Sec.  2.  Salaries  may  be  drawn  quarterly. 
Court.  Reporter  o.  Supreme  Court 
decisions.  Secretary  of  State  and 
Surveyor  Gen.  Comptroller  Gen- 
eral, "state  Treasurer.  Governor's 
Secretaries. 

(No.  67.) 

A71  Act  to  fix  ihc  Salaries  and  Compensation  of  certain  Ojjicers  mention- 
ed therein,  and  for  other  purjioses. 

Section  I.  The  General  Assembly  do  enact  as  follows :  That 
from  and  after  the  passage  of  tiiis  Act,  the  salaries  and  compensa- 
tion of  the  ofticers  hereinafter  named  shall  be  as  follows,  to-wit  : 
The  Governor  of  this  State  shall  have  and  receive  for  his  services 
GovcTuw  ^s  such,  the  sum  of  three  thousand  dollars  per  annum,  and  no 
$3,01)0  00,  more.  The  Judges  of  the  Supreme  Court  of  this  State,  shall  each 
"/snpnme  ^^'^vc  and  reccivc  for  their  services  as  such,  the  sum  of  two  thaus- 
court  *2,ooojj,jj  dollars  per  annum,  and  no  more.  The  Reporter  of  the  Su- 
?/^upr«u"  preme  Court  of  this  State,  shall  receive  the  sum  of  eight  hundred 
^ou"$8oi)"  dollars,  per  annum,  for  his  salary,  instead  of  one  thousand  dollars 
Of  Judges  of^s  now  allowed  by  law.  The  Judges  of  the  Superior  Courts  of 
courtl"*!,-  this  State,  shall  each  have  and  receive  the  sum  of  fifteen  hundred 
Of  "sLcretary dollars,  pcr  aunuui,  for  their  services.  The  Secretary  of  State 
sufveyor'^  shall  rcceivc  the  sum  of  si.xteen  hundred  dollars,  per  annum,  for  his 
bhTed^Tcoo services,  as  such,  and  for  the  discharge  of  the  duties  of  Surveyor 
Of  comp-  General,  and  no  more.  T1m2  Comptroller  General  shall  receive  for 
troiier,  I2,-  j^ig  scrvlccs  thc  sum  of  two  thousand  dollars,  per  annum,  and  no 
TreflSrer  ^ore.  Tlic  Statc  Treasurer  shall  receive  as  full  compensation  for 
$1,600  00     i^jg  services,  as  such,  the  sum   of  sixteen  hundred  dollars,  per  an- 


PUBLIC   LAWS — Slaves  and  Free  Persons  of  Color.  71 

Slaves  and  Free  persons  of  Color  may  return  from  the  Army  into  Georgia. 

num.     The  Secretaries  of  the  Governor  shall  each  receive  the  sum  fe°cT-^rie' 
of  twelve  hundred  dollars  per  annum,  and  no  more.*  ^f,'^'  *i,aM» 

Sec.  II.  That  the  compensation  of  the  different  oiiicers  herein ''•'"'*  "'»- 
before  provided  for,  shall  be  payable  quarter  yearly,  by  Execu-^™,"'' "J""- 
tive  warrant,  as  now  provided  by  law. 

Sec.  III.  Repeals  conflicting  laws. 

Passed  in  the  House  of  Representatives  by  a  Constitutional  Ma- 
jority over  the  Executive  veto,  of  two-thirds,  by  a  vote  of  years 
109,  nays  37,  2Sth  day  of  November,  ISGl. 

WARREN  AKIN, 
Speaker  of  the  House  of  Representatives. 
L.  Carrington, 

Clerk  House  of  Representatives.       ' 

Passed  in  the  Senate  over  the  Executive  veto,  by  a  Constitution- 
al Majority  of  two-thirds,  by  a  vote,  of  yeas  31,  na^^s  10,  Novem- 
ber 2Sth,  1S61. 

JOHN  BILLUPS, 
President  of  the  Senate. 
James  M.  Mobley, 

Secretary  of  the  Senate. 

*  Priorto  the  passafje  of  this  Act,  the  salary  of  tlie  dovernor  was  $4,000  ;  of  a  Judge  of  the 
Supreme  Court  $3,500  ;  of  a  Judge  of  the  Superior  Courts  $„>,500  ;  of  the  Kepoi-ter  of  the  de- 
cisions of  the  Supreme  Court  $1,000  ;  of  the  Secretary  of  State  $1,1)00  ;  of  the  State  Treasurer 
$1,600  ;  of  the  Comptroller  (xLMierdl  $l,(iOO  ;  of  the  Sarvej'or  General  (whose  oflice  is  now  con- 
solidated with  the  office  of  Secretary  of  State,)  $1,600.  Heretofore  tiie  Secretaries  of  the  Ex- 
ecutive Department  had  no  fixed  salaries,  but  their  pay  was  appropriated  annually,  which, 
for  several  years  past,  had  been  $1,0.")0  per  annum. 

Under  the  operations  of  this  Act,  two  of  the  three  Judj^es  of  the  Supreme  Court  will  contin- 
ue to  receive  till  the  expiration  of  ti]cir  present  terms  of  oilice,  each  $3,.500  per  annum,  while 
the  other  one,  elected  at  the  present  session  since  the  passage  of  the  above  Act,  will  i  cceive  as 
his  salary  only  $2,000  per  annum.  In  the  same  way,  twelve  of  the  Judges  of  the  Superior 
Courts  wlio  were  in  office  when  the  Act  was  passed,  will  each  receive  $'2,500  per  annum,  till 
the  end  of  their  respective  terms,  while  the  four  who  were  appointed  since  the  jjassage  of 
the  act,  will  each  receive  only  $1,500  per  annum. 


TITLE  XX. 


SLAVES  AND  FREE  PERSONS  OF  COLOR. 

Sec.  L  Slaves  and  free  persons  of  color  may  return  from  the  Army  to  Georgia. 

(No.  GS.) 

Afi  Act  to  allow  all  Slaves  and  Free  Fcrsons  of  Color,  ivho  may  leave  this 
State  in  the  service  of  any  j^icrson  in,  or  connected  tcith  the  Military 
Service,  to  rcturti  to  the  State  of  Georgia. 

Section  I.   The  General  Assembly  of  ike  State  of  Georgia  do  eiiact, 
That  all  slaves  and  free  persons  of  color,  who  may  leave  this  State  feJ^"^^ 
in  the  service  of  any  person,  in  or  connected  with  the  military  service,  'rAun"}r^m^ 
may  return  to  the  State  of  Georgia,  and  shall  not  be  held  liable  to  oeorS^"^*^' 


m 


PUBLIC  LAWS— State  Officers. 


Secretary   of  State  ami    Surveyor    General. 


the  pains  or  penalties  of  any  law   now  existing  prohibiting  their 
leavins:  or  returnins:  to  Georgia.* 

Sec.  IL  All  conflicting  laws  are  hereby  repealed. 

Assented  to  December  11,  18G1. 

•  The  first  Sec.  of  the  Act  of  Dee.  17,  1859,  provided  that  from  and  after  the  passage  of  that 
Ax!t"it  shall  7iot  be  lawful  for  any  free  person  or  persons  of  color,  commonly  known  as  free  ne- 
groes, now  residing,  or  who  .shall  reside  utter  the  pus.sage  of  this  act  in  any  State-  of  this  Confed- 
«racy,  or  foreign  conutry,  to  come,  or  Ix;  brought  into  this  State  ;  and  any  and  all  free  person 
or  persons  of  color  who  shall  come  or  be  brought  into  this  State,  after  tlie  passage  of  this  act,  iu 
violation  thereof,  shall,  on  coiivictiou  of  said  violatiun,  be  sold  as  a  slave  or  slaves,  by  the 
Sheriti'  of  the  county  iu  which  said  couviclion  shall  be  made."    Acts  of  1859,  p.  68. 


TITLE  XXL 


STATE  OFFICERS. 


Sec.  1 .  Offices  of  Secretary  of  State  and  Sur- 
veyor Geu.  consolidated. 
"  2.  Duties  and  powers  of  Sec'y  of  State  as 
to  office  of  Surveyor  Gen. 


Sec. 


3.  Secretary  of  State   must  reside  at  the 
Capitol. 


(No.  69.) 

An  Act  to  Consolidate  the   OJjices  of  Secretary  of  State   and  Surveyor 
General  ;  and  to  rerjuire  all  the  duties  of  mid  offices  to  be  performed 
hy  the  Secretary  of  State,  and  for  other  jmrjwscs. 
Section  I.  Be  it  it  enacted  by  the  General  Assembly,  That  from  and 
after  the  passage  of  this  act,  the  oftices  of  Secretary  of  State  and 
Surveyor  General  of  this  State,  shall   be,  and  are  liereby  declared 
to  be  consolidated  ;  and  in  addition  to  the   duties   heretofore  de- 
volved by  law  on  the  ofiice  of  Secretary  of  State,  incumbent  there- 
of, shall   perform  all  and  singular   the  duties  of  the  oflice  of  Sur- 
veyor General,   retaining  his  official  designation  as   Secretaiy  of 
State. 

Sec.  II.  Be  it  further  enacted,  Tliat  the  Secretary  of  State  shall 
and  be  the  legal  and  proper  custodian  of  all  Records,  Mamps,  and  oth- 
^  of  er  Papers  of  iile  connected  with  the  office  of  Surveyor  General, 
"*sur-and  responsible  for  the  safe  keeping  of  the  same.  His  testimony 
***^  touching  the  same,  taken  in  pursuance  of  Law,  shall  be  entitled 
to  full  faith  and  credit- in  all  the  Courts  of  law  and  equity  in  this 
State,  as  legal  custodian  aforesaid  ;  and  his  official  signature  to  any 
plat  or  duplicate,  certificate,  or  other  paper  heretofore  issuing  from 
the  office  of  Surveyor  General,  and  necessary  to  be  signed  by  said 
Surveyor,  shall  entitle  said  paper  to  the  same  credit  and  validity 
as  if  said  offices  had  not  been  consolidated. 
:sn:cf.-;xn  of  ^EC.  III.  Be  it  furthcr  eyiactrd,  That  the  Secretary  of  State  shall, 
•^^'''"'t-lprfor  the  term  of  his  service,  be  a  resident  at  the  Capitol  of  the 
State. 

Sec.  IV.  Repeals  conflicting  laws. 
Assented  to  November  22, 1861. 


PUBLIC    LAWS.— State  Lunatic  Asylum. 


73 


Money  appropriated  for  State  Lunatic  Asylum. 


TITLE    XXII. 


STATE   LUNATIC  ASYLUM. 


Sec.   1.  Salary  for  Supt.  for  lSf,-2  .*2,-J0n. 
"     2.  $12,000,   appropriated   for  salaries  of 

Trustees,  Treasurer,   &c.,   for  l'i&2. 
"     3.  $30,000  for  support  of  pauper  patients^ 
for  1862. 


Sec.  4.  How  the  money  to  be  drawn. 
"    .5.  Tax  for  1802  to  be  assessed  with  ref- 

ference  to  said  appropriations. 
"     G.  Appropriation   of  $i'),7C2  54  to  pay  ar- 
rearages of  18G1. 


A» 


(No.  70.) 

»  Act  to  aiipropriatc  money  for  t/te  sjijqiort  of  the  State  Limatic  Asy- 
lum for  the  year  1862,  and  for  other  jmrjposes. 


1.  Section  I.  Be   it  enacted  by  the   Gcjieral  Assembly,  That  the 

sum  of  twenty-four  hundred   dollars  be,  and  the  same   is  hereby  saiary  or 
appropriated  to  pay  the  sahiry  of  the  Suporhitendent  and  resident  dent" *2]4oo. 
Physician  of  the  State  Lunatic  Asylum  for  the  year  1862. 

2.  Sec.  II.  Be  it  further  enacted.  That  the  sum  of  twelve  thous- 
and dollars  be,  and  the  same  is  hereby  appropriated,  to  pay  the|rl,Xeg°^ 
salaries  of  Trustees,  Treasurer,  sub-officers,   attendants,    and  hire  ^c!^'""""' 
of  servants,  for  the  said  Asylum  for  the  year  1S62  ;  ])rovidcd  such 

an  amount  is  found  necessary  for  said  purposes. 

3.  Sec.   III.  Be  it  further   enacted,    Tliat   the  sum  of  twenty 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is  here-  support  of 
by  appropriated  for  the  support  of  pauper  Patients,  in  said  Asy-tieuts. 
lum  for  the  year  1862. 

4.  Sec.  IV.  Be  it  further  enacted,  That  tlie  money  herein  appro- 
priated shall  be  drawn  by   Executive  Warrant  on  the  Treasury,  in  fppro^ra"oJ 
the  same  manner  as  heretofore  practiced;  inovided  however.  That'"''"  ^"'^"* 
the  amounts  appropriated  in  sections  third  and  fourth  of  this  Act, 

shall  be  drawn  and  used,  subject  to  the  conditions,  restrictions  and 
regulations,  prescribed  in  the  fourth  section  of  "An  Act  to  provide 
for  raising  a  revenue  for  the  political  year  1861,  and  to  appropriate 
money  for  the  support  of  Government  during  said  year,  and  to 
make  certain  special  appropriations,  and  for  other  purposes,"  assent- 
ed to  December  19th,  1860,*  so  flir  as  said  fourth  section  contains 
provisions  applicable  to  similar  items  of  appropriations  as  are  con-  • 

tained  in  the  second  and  third  sections  of  this  act. 

5.  Sec.  V.  And  be  it  further  enacted.  That  the  Governor  and 
Comptroller  General  [shall?],  in  applying  the  rate  per  centum  offeo'^be 
taxation  to  support  the  Government  far  the  political  year  1862,  so  rXTice'^to'' 
increase  the  rate  per  centum  thereof,  as  will  be  necessary  to  pay  p^atioS^"" 
the    foregoing   items  of  appropriation  and    other   appropriations 
which  may  be  made  by  this  General  Assembly  for  said  Asylum. 

Sec.  VI.  Repeals  conflicting  laws. 
Assented  to  Dec.  14,  1861. 

•See  Acts  of  18G0,  p.  13  &  14. 


74 


PUBLIC   LAWS.— State  Printer. 


Statt-  Lunatic  Asylum.— Duties   and  compensation  of  State  Pricter. 

(Xo.  71.) 

An  Act  to  ajjpropnate  money  to  paij  certain  debts  contracted  071  the  credit 
of  iJie  State,  for  the  State  Lunatic  Asylum  during  the  year  1861. 

Whereas,  The  political  troubles  of  the  country  have  raised  the 
prices  of  all  articles  of  prime  necessity,  to  an  unusual  degree; 
Preamble,  dud  ifJicrcas,  tho  lust  aiinual  appropriation  for  the  State  Lunatic 
Asylum,  was  based  on  usual  prices,  thereby  compelling  the  authori- 
ties of  said  institution  to  purchase  many  articles  on  the  credit  of 
the  State,  which  remain  unpaid  ibr  to  an  amount  hereinafter  speci- 
fied: 

6.  Sectiox  I.  The  General  Assemhly  do  enact,  That  the  sum  of 
propr^at^dToSix  tliousaud  seven  hundred  and  sixty-two  dollars  and  fifty-four 
o?^i8ei!^°'°" cents  be,  and  the  same  is  hereby  appropriated,  to  pay  arrearages 
due  by  the  State  Lunatic  Asylum  for  the  year  1S61 ;  to  be  drawn 
by  an  Executive  warrant  on  the  Treasury,  and  disbursed  by  the 
proper  authorities  of  said  Institution,  as  their  regulations  may 
prescribe. 

Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Dec.  17,  ISGlT 


TITLE  XXIII 


STATE  PRINTER. 


Sec.   1.  Tenth   Seclion  of  Act  of  16th  Feb'y 
1854  amended. 
"    2.    Distribution  of    Acta  and    Journals. 
Act  not  to  apply  to  Acts  and  Joui'ualis 
of  present  fi^saion. 


Sec.  3.  Advance  of  $3,000  made  to  State  Prin- 
ter. 


(No.  72.) 

A71  Act  to  alter  and  amend  the  tenth  Section  of  an  act  entitled,  "  An 
Act  to  amend  the  several  acts  of  the  General  Assembly  in  regard  to  the 
election  of  jiuhlic  printer,  and  more  jjarticularly  to  j^^'cscribe  the  du- 
ties, liabiUties  and  compensation  of  said  ojiccr,  and  for  other  purposes, ^^ 
approved  February  Idfh,  18-54.*. 

1.  Section  I.  Beit  enacted  by  the  General  Assembly  of  Georgia, 
orAcfofirThat  from  and  after  the  passsage  of  this  act,  the  tenth  section  of 
Amended'.'  tho  bcforc  rccitcd  act,  be  so  altered  and  amended  as  to  read.  There 
2000  copicB  of  shall  be  printed,  until  otherwise  altered  by  law,  two  thousand 
copies  of  each  of  the  Journals  of  the  Senate  and  of  the  House  of 

"See  Acts  of  1853  '51,  p.  7~  78.    By  this  Act  4,000  copies  of  the  Journals  of  each  House, 
and  5,000  copies  of  the  Laws,  were  to  be  printed. 


the  Journals 
of  each 
House  and 


shall 
prospoc- 
aiid  not 
late  to 


PUBLIC  LAWS.— State  Printek.  75 

Appropriation  for  State  Printer. 

Representatives,    and  four  thousand    copies  of  the  laws;  [of]  the  4000  copies  of 
latter  to  be  bound  by  the  printer  according  to   the  provisions  of b^  printed. 
the  act  of  1S524  i"^''"^  as  ^ 

licri'tofore. 

^.  Sec.  II.  Be  it  further  enacted,  That  ten  copies  of  the  Journals 
of  the   Senate,  and  ten  copies  of  the  Journals  of  the  House  of^i'l^^^'f"^^ 
Representatives,  be  sent  to  the  Clerk  of  the  Inferior  Court  of  each-'"""'^'"- 
county,  to  be  kept  by  the  said  Clerks,  in  their  ollices,  for  the  use 
of  any  of  the  citizens  of  their  respective    counties;  and  further, 
that  one  co2:)y  of  each  be  sent  to  each  member   of  the   General 
Assembly ;  and  also    that   one   copy  of  the  acts  be  sent  to  each 
Justice  of  the  Inferior  Court,  to  each  Ordinary,  to  each  Clerk  of 
the  Inferior  Court,  and  to  each  Clerk  of  the   Superior  Court,  and 
to  each  Sheriir  in  the  State;  and  further,  [that?]  one  copy  of  the^^^^.^^  j,_^^ 
acts  be  sent  to  each  member  of  the  General    Assembly:  P/oiv'Jcc/, '•'<' »<'' 

■^  ha  pros 

That  the  provisions  of  this  act  shall  be  prospective,  and  shall  nott;;^^'^ 
interfere  with   the  Laws  and   Journals  of  the   present  session  ofv^^^",'"^ 

i-  Journals  o 

the  Le£;islature.'^  pnsoutBes 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  17,  1S6L 

tit  is  presumed  this  'of  was  not  intended  to  be  here,  but  itis  in  both  the  enrolledAct  and  en- 
grossed bill.     CoMPII.KK. 
lActsof  1851  '5'J.  p.  253. 

§NoTE. —  Query:  Does  nottbis  ;;r6>r/.<o  prohibit  the  sending  to -each  member  of  the  present 
General  Assembly  a  copy  of  the  Laws  and  Journals  of  the  present  session,  and  to  all  the 
county  officers  mentioueit  in  the  II  Sec.  of  the  Act?  That  it  does  according  to  its  wordiu'^, 
there  can  bo  no  doubt,  but  the  intention  undoubtedly  was,  that  it  should  apply  only  to  the 
number  of  copies  to  be  printed.     Comimler, 


(No.  73.) 

An  Act  to  authorize  and  require  the  Treasurer  of  the  State  to  make  an 
advance  to  the  State  Printer. 

3.  Section  I.  Be  it  enacted  by  the  General  Asscmhhj,  That  the  advanced  to 
sum  of  Three  Thousand  Dollars  be,  and  is  hereby  appropriated, 
as  an  advance  to  Boughton,  Nisbet  &  Barnes,  on  the  State  Print- 
ing, for  the  year  ISGl ;  and  that  the  Treasurer  be,  and  is  hereby 
authorized  to  pay  the  same  to  said  State  Printers,  on  the  warrant  of 
the  Governor  of  this  State. 

Assented  to  Dec.  9th,  1861. 


# 


• 


76 


PUBLIC  LAWS.— Tax. 


Justices  of  Inferior  Courte  may  levy   a  tax  for  soldiers,  &c. 


TITLE  XXIV. 


TAX. 


Sec.  I. 
"  2. 
«•  3. 
"  4. 


10 


Levy  nnd  collection  of  County  taxes  on 
account  of  soldiers. 

Collection  of  such  taxes— certain  coun- 
ties exempt. 

Contracts,  &c.,  heretofore  made  by  Jus- 
tices of  the  Inferior  Courts  legalized. 

Liabililie.s  of  Tax  Collectors  collcetiug 
such  taxes. 

Application  of  certain  funds  heretofore 
raised. 

Certain  portion  of  such  taxes  may  be 
paid  ill  produce. 

Produce  how  delivered. 

A  Digest  (if  all  such  fazes  to  be  kept. 

liasi.-!  of  leving  sucii  tax. 

County  Treasurers  to  charge  no  commis- 
sions ou  sucli  tuxes. 

Defuullers. 

Time  of  commis.sioning  Tax  Collectors. 
Payment  of  Tax  money  into  State 
Treasurj'. 

Confederate  war  tax  assumed  by  State. 

State  Bonds  to  be  issued. 


Sec.  15.  Act  of  2lst  December,  18.07,  re-enacted 

"  16.  No  costs  to  be  collected  on  tax  fifas, 
unli'ss  made  out  of  defendants. 

"  17.  $1  ,()00,()0()  tobe  assessed  for  tax  of  1862. 

"  18.  Fees  on  tax  I'l  fas. 

"   1!).  Insolvent  lists. 

"  '2Q.  Costs  on  tax  fi  fias. 

"  21.  Allowance  of  insolvent  lists  by  Comp- 
troller General. 

"  22.  Tax  on  Railroads. 

"  23.  Tax  Collectors'  commissions,  how  al- 
lowed. 

"  24.  Preamble. 

'•  2.'j.  Code  modified — Act  of  5th  December, 
17!)!.l,  re-enacted. 

"  26.  lieceipt  of  CoQiptrolIer  General. 

"  27.  The  words  "  Confederate  States  ''  to  be 
Hiilwtifuted  in  tax  laws  for  the  words 
"  United  States." 

':  28.  Time  for  Tax  Collectors  to  make  final 
settlement,  extended  to  1st  March, 
18G2. 


(No.  74.) 

All  Act  to  authorize  the  Justices  of  the  Inferior  Courts  of  the  several  coun- 
ties of  tliis  State,  from  time  to  time,  in  their  discretion,  to  levy  such  extra 
taxes  as  theij  may  deem  necessary  to  equip  Volunteer  or  other  soldiers 
from  their  respective  cov/itics,  and  to  provide /or  the  indigent  families  of 
soldiers;  to  anthonze  the  collection  of  the  same,  and  to  legalize  their 
previous  action  in  the  inx'mises,  and  for  other  purposes. 

conlcuon  o(       ^'  *^E^''riON  I.    The  General  Assembly  (f  the  State  of  Georgia  do  C7iact, 
county  tiixee  That  the  Justiccs  of  the  Inferior  Courts  of  the  several  counties  of 

on  account  of,_,  i-np 

toidiers.  this  btate,  are  authorized,  from  time  to  time,  to  levy  such  extra 
taxes  as  they  may  think  necessary  to  equip  such  Volunteeror  other 
soldiers  as  have  gone,  or  may  go,  from  their  respective  counties, 
and  to  provide  the  necessary  support  and  maintenance  for  such  in- 
digent families  of  soldiers  as  may  be  resident  in  their  respective 
•  counties,  and  such  indigent  soldiers  as  may  return  home  w^ounded 

or  disabled. 

2.  Sec.  II.  The  said  Justices  may  have  all  such  taxes  collected 
of  either  by  the  regular  Tax  Collectors  of  their  respective  counties,  or 
by  such  other  person  or  persons  as  they  may  think  best;  and  may 
take  such  bond,  and  fix  such  compensation  as  they  may  think  pro- 
per for  the  collection  of  the  same.     And  he  it  furtlter  enacted ,  That 


Colloction 
such  taxeu 


Certain 

empted' from  the  countlcs  of  Mouroc,  Burke,  Pickens,  Wayne,  Cherokee,  Taylor, 

2d%cction8\f Fayette,  Clinch,  Dawson,  Lumpkin, 

this  act.       Campbell,  Forsyth,  DeKalb,  Macon,  Wilkes,  Warreli,  White,  Ware, 


Echols,    Upson,    Spalding, 

ite.  Ware, 

Rabun,  Chattooga,  Decatur,   Charlton,  Berrien,  Coffee,  Paulding, 


PUBLIC  LAWS— Tax.  77 


Justices  of  Inferior  Courts  may  levy  a  tax  for  soldiers. 


Bryan,  Appling,   Crawford,  Fannin,    Telfair,    Emanuel,    Clarke, 
Banks,  Schley,  Worth,  iNluscogee,  Wilcox,  Butts,  j\[cIntosli,  Brooks, 
Newton,   Gilmer,  Irwin,  Montgomery,   Laurens,   Murray,   Dooly, 
Clayton,  Pierce,  Wilkinson,  and  Gwinnett,  be  excepted  from  the 
operations  of  the  first  and  second  Sections  of  this  Act ;  and  that,  in 
said  counties,  during  the  present  war,  the  Justices  of  the  Inferior uxTote^as*' 
Courts  of  said  counties,  shall  have  tlie  authority  to  assess,  annually,  fommenda-^^' 
on  the   amount  of  the  State  tax  of  said  counties,  such  tax  as  niayjuTy.''  ^"""^ 
be  recommended  by  a  majority  of  the  Grand  Jurors  of  said  counties 
at  the  Spring  Terms  of  the  Superior  Courts,  for  the  purpose  of 
raising  funds  to  equip  soldiers  for  the  service  of  the  State  and  Con- 
federate States,  and  to  support  such  of  their  families  as  are  indi- 
gent, during  their  term  of  service,  to  be  collected  as  other  county 
taxes  in  said  counties ;  and  all  taxes  levied  in  said  counties  the  pres-m''^"choZ. 
ent  year  for  the  same  purposes,  are  hereby  legalized  and  made  val- yearFJ|au"ed. 
id;  and  in  the  event  there  be  no  Court  at  the  Spring  Term  in  any  if  nocoun 
of  the  counties  thus  excepted,  then,  the  Justices  of  the  Inferior  Term?  juV-"^ 
Courts  in  said  counties,  shall  proceed  to  assess  such  taxes  asniay  betllrtax.''^^'^'^ 
absolutely  necessary  for  tlie  purposes  aforesaid;  and  that  the  coun-'^^hoifv" 
ties  of  Coweta,  Tattnall,  and  Whitfield,  be  excepted  from  all  thel^ppP*/ 
provisions  of  this  Act.  ='^'- 

3.  Sec.  III.  All  taxes  heretofore  levied,  or  any  contracts  entered  cenain  acts 
into,  or  money  procured  whether  by  bond  or  otherwise,  or  by  sale  ^Lo^'^ucif '"' 
of  railroad  or  other  stocks,  by  the  Inferior  Courts  or  the  Justices Sifore,ic- 
thereof,  or  by  other  persons  with  the  sanction  of  the  Inferior  Court,^*''"""*- 
and  all  orders  passed,  or  which  may  be  passed  by  any  of  said  Courts 
equalizing  said  tax  among  the  tax  payers  for  the  purpose  aforesaid, 

are  hereby  ratified  and  made  legal,  and  the  same  authorized  to  be 
collected  under  this  Act. 

4.  Sec.  IV.  All  Tax  Collectors,  or  other  person  or  persons  who 

shall  be,  or  who  have  been  appointed  by  the  Justices  of  the  Inferi- Liabilities  of 
or  Courts  of  any  county  in  this  State,  to  collect  any  tax  which  haSj^,''^^  '^°"'^'=- 
been,  or  which  may  be  levied  under  this  Act,  shall  be  liable  to  all 
the  remedies  and  liabilities  to  which  Tax  Collectors  are  now  liable 
by  law,  for  any  violation  or  failure  of  duty  under  this  Act,  or  for 
failing  to  pay  over,  on  demand,  any  money  or  other  thing  which 
may  be  collected  by  him  or  them  under  the  same. 

5.  Sec.  V.  The  Inferior  Courts  of  the  several  counties  are  au- 
thorized to  use  and  apply  an}-  county  funds,  except  Academy  and <:r"'«rtaVn° 
Poor  and  Common  School  funds,  in  their  respective  counties,  to  thetvl"- ma'i'N "' 


COS. 
ex- 
d   from 
rations  of 


purposes   aforesaid;  but  all    applications  of  any  funds  heretofore '''"^'' ' 
made  in  any  count}',  are  hereby  made  legal  and  valid. 

6.  Sicc.  VI.  In  any  county  where  the  Inferior  Court  may  so  or- 
der, the  amount  of  tax  levied  for  the  support  and  clothing  of  sol- certain  part 
diers'  families,  may  be  paid  in  such  articles  and  in  such  proportions  may"i!;.,',^^'' 
as  may  be  necessary  for  the  support  of  the  families;  the  value  of'"  f™'^"""- 
which  articles  shall  be  fi.\ed  by  such  Assesssors  as  may  be  ti[)point- 

ed  by  said  Inferior  Court,   and   in   such  manner  as  said  Inferior 
Courts  may  think  best. 

7.  Sec.  VII.  That,  in  all  cases  where  the  taxes  are  paid  under 


78  PUBLIC  LAWS.— Tax. 

Time  for  payment  of   Taxes  for  1861,  extended. 

Produce,      this  Act,  in  produce,  the  same  shall  be  delivered  by  the  said  tax 
''°'^^"'"'*''''^  payer  at  such  place  or  places  as  the  said  Inferior  Courts  may  di- 
rect. 

8.  Sec.  VIII.  The  Inferior  Court  shall  have  kept  a  digest  of  the 
taxes  already  raised  and  disbursed,  or  hereafter  to  be  raised,  and  the 

SK toi«''"o use  and  disbursement  of- all  funds  raised,  or  hereafter  to  be  raised 
beVept.       J3y  taxatiou  ;  which  digest  shall  be  kept  by  the  Clerk  of  the  Inferi- 
or Court,  for  the  inspection  of  the  citizens  of  the  county  ;  and  said 
Courts  may  make  all  such  arrangements  as  they  think  best,  to  carry 
out  this  Section. 

9.  Sec.  IX.  The  assessment  for  State  taxes  made  next  previous 
Ba.i.  ofievy.  to  cach  partlcular  levy  of  tax  by  the  Inferior  Court,  shall  be  adopt- 
ingsai  ux.  ^^  ^g  ^^^^  basis  of  the  kind  and  value  of  property  in  such  levy  as 

they  may  at  any  time  order  in  pursuance  of  the  provisions  ot  this 
Act. 

10.  Sec.  X.  Whenever  any  funds  authorized  to  be  raised  by  any 
County  Tr.  to  of  thc  provlslous  of  tliis  Act.  shall  go  through  the  hands  of  the 
ootjimissions  Trcasurcr  of  any  county  of  this  State,  it  shall  not  be  lawful  for 

of  encli  tax  J  ■J  .  .       . 

moueyi.       g^ch  Trcusurcr  to  charge  or  receive  any  commissions  or  compensa- 
tion for  receiving  or  paying  out  such  I'unds. 

11.  Sec.  XI.  That  the  Tax  Collectors,  or  other  persons  appoint- 
nlrZ  c°oii,"".  ed  to  collect  the  tax  in  accordance  with  the  provisions  of  this  Act, 
IfdefaVc^/rbe  authorized  to  proceed  in  cases  of  default,  in  the  same  manner  as 

is  now  provided  by  the  laws  of  this  State  for  the  collection  of  the 
general  tax. 

Sec  XII.  Repeals  all  conflicting  laws. 

Assented  to  November  29,  1861. 

Note. — T!ie  above  Act,  strictly  speaking,  is  n  Local  Act;  but  being  one  of  great  importance 
to  all  the  counties  in  the  State  except  tliref,  (which  are  wholly  exempt  from  its  operations.)  it 
is  thought  best  to  class  it  with  the  Public  Laws. — Comi-ileu. 

(No.  75.) 

An  Act  to  extend  the  time  for  the  payment  of  Taxes  for  the  year  1861. 

12.  Section  I.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
u.'g^wte'ir  Georgia^  That  His 'Excellency  the  Governor,  be,  and  he  is  hereby 
not'tobr'  authorized  and  required,  to  suspend  issuing  commissions  to  Tax 
tmTtMm'b.  Collectors  in  this  State,  who  may  be  elected  on  the  first  Wednes- 
riwidlii"  day  in  January  ensuing,  until  the  first  day  of  March  next ;  and  that 
inikf,  fnmi  ^" the  Tax  Collectors  for  the  present  year,  be  allowed  until  said  first 
u^'^'rJal.ury"  day  of  Marcfi,  to  make  their  final  payment  to  the  Treasurer  of  this 

State.     Provided  nevertheless,  that  said  Collectors  shall  be  required 
in  t^Taxc^iT^  to  pay  into  the  Treasury  on  the  first  day  of  each  month,  until  their 
monthly,      g^^^j  settieiiicnt,  the  amount  of  State  tax  collected  by  them  respec- 
tively.* 

Assented  to  December  11,  1861. 

"  By  Act  of  23rd  December,  1840,  (Cobb's  New  Digest,  p.  1073,)  Tax  Collectors  were  requi- 
red to  pay  the  State  Taxes  into  the  State  Treasury,  by  the  1st  December  in  each  year  there- 
after; and  by  Section  II,  of  Act  of  3rd  March,  1856,  the  time  was  extended  to  20th  December. 
^cta  of  1856-C,  p.  276. 


PUBLIC  LAWS— Tax.  79 


'  Preamble. 


Assumption  of  Confederate  War  Tax.— Tax  Laws  amended. 

(No.  7G.) 

An  Act  to  provide  for  the  asswnjHmi  and  paymctit  of  the  Taxes  assessed 
against  the  citizens  of  this  State,  hy  virtue  of  An  Act  of  the  Cono-ress 
of  the  Confederate  States  of  America,  entitled  An  Act  to  authorize  the 
issue  of  Treasury  Notes,  and  to  provide  a  War  Tax  for  their  redemp- 
tion ;  aiiprovcd  the  Idth  of  August,  1S61. 

Whereas,  The  twenty-fourth  Section  of  the  before  recited  Act 
of  Congress,  provides  that  if  any  State  shall,  on  or  before  the  first 
day  of  April  next,  pay  into  the  Treasury,  notes  of  the  Confederate, 
States,  or  in  specie,  the  taxes  assessed  against  the  citizens  of  such 
State,  less  ten  per  centum  thereon,  it  shall  be  the  duty  of  the  Sec- 
retary of  the  Treasury  to  notify  the  same  to  the  several  Tax  Col- 
lectors in  such  State,  and  thereupon,  their  authority  and  duty  un- 
der said  Act  shall  cease;  and  whereas,  economy  and  a  proper  regard 
for  the  interest  of  the  tax  payers  of  Georgia,  make  it  the  duty  of  the 
State  to  assume  and  pay  said  taxes. 

13.  Section  I.    The  General  Assembly  of  Georgia  do,  therefore,  enact 

as  follows:  That  the  State  of  Georgia  hereby  assumes,  and  will  pay  "\V"  Tax  as- 
the  taxes  assessed  against  her  citizens,  under  the  provisions  of  the  state.   ^ 
Act  of  Congress  of  the  Confederate  States  before  recited. 

14.  Sec.  11.  That  so  soon  as  the  amount  of  said  taxes  sliall  be 
ascertained,  it  shall  be,  and  it  is  hereby  made  the  duty  of  his  Ex- 
cellency the  Governor,  to  cause  to  be  issued  the  bonds  of  this  State,  t^o'^befsened 
payable  in  such  sums,  and  at  such  time  and  place,  and  bearing  suchiumutopay 
rate  of  interest,  not  exceeding  eight  per  cent,  per  annum,  as  will"'''^^"^**" 
enable  him  to  raise  and  obtain  the  means  of  paying  such  taxes,  (less 

ten  per  centum  thereon,)  upon  the  most  advantageous  terms  to  the 
State:  and  that  when  said  means  of  paying  said  taxes  shall  be  rais- ^;,X  "col 
ed.  His  Excellency  shall  cause  the  said  taxes    (less  ten  per  centum  ["^if^^^ff  ^°\' 
thereon)  to  be  paid  to  the  Confederate  States,  under  the  provisions 
of  the  said  twenty-fourth  section  of  the  Act  of  Congress  aforesaid. 
Sec.  IIL  Repeals  conflicting  laws. 

Assented  to  December  11,  1S61. 

(No.  77.) 

An  Act  to  amend  the  Tax  Laivs  of  this  State. 

Whereas,  An  Act  entitled  "  An  Act  to  repeal  An  Act  approved 
February  2Gth,  1S56,  entitled  An  Act  in  relation  to  allowing  Tax 
Collectors  an  insolvent  list  by  the  Grand  Jurors  of  the  several 
counties  of  this  State,  and  to  amend  the  various  laws  for  the  collec- 
tion of  taxes,"  assented  to  December  21st,  1857,*  lias  been  omitted 
altogether  by  the  Code  of  this  State  to  go  into  eft'ect  from  and  after 
the  1st  day  of  January,  1862.     For  remedy  whereof, 

15.  Section  L  Be  it  enacted  hy  the   General  Assembly,  That  the 

*  See  Acts  of  1857,  p.  132. 


80  PUBLIC  LAWS.— Tax. 


Tax   for  1862.— Revenue    Laws   amended. 


fsCT^miia'. above  and  before  recited  Act  be,  and  the  same  is  hereby  re-euact- 
*^-  ed,  to  take  ellect  from  and  after  the  first  day  of  January  next. 

?e?Ton*ux  16.  Sec.  II.  Be  it  further  enacted,  That  no  Collector,!  Sherift'or 
LnecS'"'  Constable  shall  receive  cost  on  any  Ta.\  fifa,  nnlcss  the  same  is  col- 
thereon.       lected  from  the  defendant. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  12,  ISGl. 

t  See  l.st  Section  of  Act  No.  7'.i. 

(No.  7S.) 

An  Act  to  Icvij  and  collect  a  Tax  for  tltc  iioluical  year  lSCy2,  and  for 
other  jfurposcs. 

17.  Section  L    The  General  Assend)hj  of  Georgia  do  enact  as  follows: 
That  his  Excellency,  the  Governor  of  tliis  State,  with  the  assistance 
*'j^'«?edaBof  the  Comptroller  General,  shall  assess  on  the  entire  amount  of 
taxes  for  1862.  ^^^j^l^jg  propcrty  lu.  thls  State,  such  a  rate  per  cent,  as  will  raise  an 
amount  of  revenue  not  exceeding  one  million  of  dollars,  for  the  sup- 
port of  the  gijvernment  of  this  State  for  the  political  year  18G2; 
any  law  to  the  contrar};'  notwithstanding. 
Assented  to  December  14,  ISGl. 

(No.  79.) 

An  Act  to  amend  the  Revenue  Lawfi  (fth/s  State,  andjor  other  pnrjMses 
herein  naincd. 

Whereas,  In  the  adoption  by  the  Legislature  of  1860,  of  the 
CofZe  prepared  by  a  commission  authorized  b}'^  law,  several  omis.sions 

rreainbie.     and  chaugcs  in  that  law  require  additional  legislation  for  the  prop- 
er execution  of  the  revenue  laws  of  this  State,  for  remedy  whereof: 
IS.  Sec.  I.  Be  it  enacted,  That  Tax  Collectors  in  issuing  //./a.f. 

Foes^on  tux  ^^  collcct  Statc  aud  County  tax,  shall  be  allowed  a  fee  of  fifty 
cents  on  sWfi.fas.  issued  for  said  purpose. 

19.  Sec.  II.    Be  it  farther  enacted,    That  the  Act  entitled  An  Act 

feMl'lftoiu^to  repeal  An  Act  approved  February  26,  1856,  entitled  An  Act  in 

re^actld!"'  relation  to  allowing  Tax  Collectors  an  insolvent  list  by  the  Grand 
Jurors  of  the  several  counties  in  this  State,  and  to  amend  the  vari- 
ous laws  for  the  collection  of  taxes,  having  been  omitted  in  the 
Code,  the  same  is  hereby  re-enacted.* 

Noco«tHtobo     20.  Sec.  III.  And  belt  further  enacted,  That  no  Collectors,  Sher- 

r«'d- "° _<«^^ iff,  or  Constable,  shall  receive  costs  on  a  tax/,  /t/.,  unless  the  same 

ciiie.i(dirou.|3e  collected  from  the  defendant.! 

dereuaantB.  . 

21.  Sec.  IV.  Be  it  further  enacted.  That  the  7  92d  section  ol  the 

Code,  allowing  the  Comptroller  General  to  pass  upon  the  solvency 

i^l'X^riuuor  insolvency  of  tax  payers  of  the  several  counties  in  this  State,  be 

^y^'""P'^"" repealed;  and  that  from  and    after    the   passage    of    this    Act, 

whenever  the  Comptroller  General  shall  be  satisfied  that  a  Tax 

*  Tliis  Section  is  a  mere  repetition  of  the  li^t  Section  of  Act  No.  77,  Supra. 
t  Tliis  also  is  a  repetition  of  the  2d  Section  of  same  Act. 


PUBLIC  LAWS.— Tax.  SI 


Revenue  Laws  amended. 


Collector  has  exercised  due  diligence  in  his  ellbrts  to  have  his  insol- 
vent list  allowed  by  a  Grand  Jury  or  Inferior  Court,  within  the 
time  prescribed  by  law,  the  said  Comptroller  General  shall  be  au- 
thorized, if  in  his  judgment  the  public  interest  will  not  suller  there- 
by, to  wait  with  the  Collectors  fifteen,  and  not  exceeding  thirty 
days,  for  said  insolvent  list,  before  issuing //./m.  for  the  same. 

22.  Sec.  V.  Be  it  further  enacted,  That  so  much  of  the  G46th  and 
647th  sections  of  the  Code,  as  relates  to  the  tax  on  Railroads,  be^«™R"i- 
repealed  ;  and  that  in  lieu  of  the  same,  the  Sth  section  of  An  Act 
assented  to  December  11th,  1S5S,|  taxing  all  Railroad  companies 
one-hall'  of  one  per  cent,  upon  theii'  net  annual  income,  be  contin- 
ued in  force  ;  and  the  returns  of  said  Railroad  companies  shall  here- 
after be  made  to  the  Comptroller  General  instead  of  the  Treasurer. 

23.  Sec.  VI.  Be  it  furthci   enacted,  That  the  Inferior  Courts  ofT,.xConec- 
this  State,  in  allowing  Collectors  their  commissions  for  collecting ^s?o,t,Tow''' 
the  taxes  levied  by  their  respective  counties,  be,  and  they  are  here- "' '"'"'"  " 
by  authorized  and  rerpiired  to  aggregate  the  taxes  for  the  various 
purposes  levied,  and  to  allow  connnissions  on  the  whole  amount,  in 
accordance  with  the  schedule  from  which  the  Comptroller  General 

is  authorized  to  allow  connnissions  to  Collectors  for  collecting  the 
State  tax. 

24.  Sec.  VII.  And  JV/iereafi,  By  the  Comptroller  General's  Re- 
port, it  appears  that  a  portion  of  the  new  Code  prepared  by  the 
Commissioners  and  by  previous  Act  of  the  Legislature  of  Georgia, '^  ^"'""''^*" 
intended  to  go  into  effect  on  the  first  day  of  January,  JS62,  is  so 
framed  as  to  destroy  the  necessary  checks  and  balances  between  the 
offices  of  the  Treasurer  and  Comp'r.  General,  for  remedy  whereof: 

25.  Sec.  VIII.  It  is  he rehij  further  enacted,  That  so  much  of  the 

96th  section  of  the  Code  as  requires  the  Comptroller  General  to f''"''\"i«<''.C'v 
give  certificates  of  the  amount  due  from  the  Tax   Collectors  and  J''<-  i"^''. 
other  debtors  of  the  State,  before  the  same  has  been  paid  into  the 
Treasury,  be  repealed;  and  that  in  lieu   of  the  same,  the  Act  ap- 
proved December  Sth,  1799,  entitled  "  An  Act  further  explaining 
and  defining  the   duties  and  powers  of  the  Comptroller  General," 
be  substituted  therefor,  and  hereafter  continued  in  force  ;  and  that 
so  much  of  section  89  of  the  new  Code  aforesaid,  as  requires  the 
Treasurer  to  account  for  moneys  received  in  the  Comptroller  Gen- . ,mut!ibi"for" 
eral's  certificates,   be,  aud  the  sauie  is  hereby  repealed ;  and  the  "'wiToriiis 
Treasurer  shall  be  accountable  for  money  received  on  his  certifi-"'""'""''^*" 
cates. 

26.  Sec.  IX.  And  be  it  further  enacted,  That  no  receipt  or  certili- 

cate  of  payment  from  the  State  Treasurer,  for  any  money  paid,  orp^,.^,.;pj  „f 
to  be  paid  into  the  Treasury,  shall  be  valid  against  the  State,  until  ^""p^-  <^^°- 
the  same  shall  have  been  turned  over  to  the  Comptroller  General, 
and  his  receipt  given  in  lieu  thereof.  ti,-  words 

27.  Skc.  X.  And  be  it  farther  enacted,  That  whenever  in  the  va- s^;;;;:[f,'^f™^^ 
rious  Tax  laws  of  this  State,  the   words  "United  States"   occur,  ^',\';^;'^''f„  ^^ 

tSoe  Acts  of  1858,  p.  105. 

$  For  this  Act  see  T.  R.  R.  Cobb's  New  Digest,  p.  10'22-:5. 

6 


82  PUBLIC  LAWS— Western  &    Atlantic  Rail  Road. 


Salaries  of  officers  and  employees    on  Western  &  Atlantic  Rail  Road. 


Keywords  the  words  "  Confederate  States"  be,  and  the  same  are  hereby  sub- 

sl^s!^'       stituted  therefor. 

Assented  to  December  11,  1861. 

(No.  SO.) 

4lie>'       -^^^  -^f-'f  fo  rjfnid  the.  lime  for  Tax  Collectors,  in  this  State  to  make  their 
sctthmrnis  with  the  Stntr  Trr/js/nrr* 


Fiue  for'Tnv 


28.   ISectiON  I.   Be  it  rnactrd  hij  (lie  (iiiicral  Asscmb/i/  nfthr  State  of 

Georgia,  That  the  Tax  Collectors  in  each  of  the  comities  of  this 

make"«nar"  Stato  bc,  and  they  are  liereby  allowed  until  the  iirst  day  of  March, 

"x^ua'ea'to    1502,  to  make  their  final  settlements  with  the  State  Treasurer,  in- 

m  March,    stead  of  the  20th  of  December,  ISGl  ;  any  law,  usage  or  custom  to 

the  contrary  notwithstanding. 

Assented  to  November  29th,  IbGl. 

*  This  Acl  is  n  repetition  of  part  of  Act  No.  75,  Supcra. 


TITLE  XXV. 


WESTERN  &  ATLANTIC  RAIL-ROAD. 

^Sec.  I.  Keduelion  of  salaries  of  officers  and  pay  of  employees  on  State  Road. 

(No.  81.) 

An  Acl  to  jtroridefor  the  Reduction  of  the  Salaries  of  the  Oficcrs  atid 
Emylmjees  of  the  JVesterji  ^'Atlantic  Railroad. 

Section  I.   The  General  Asscmhhj  of  Georgia  do  enact,  That  the 
iiednctiou  ofOovernor  be  requested  to  scrutinize  the  salaries  of  the  officers  and 
suteRo"ua.    employees  of  the  Western  &  Atlantic  Railroad;  and  whenever  it 
can  be  done  with  a  due  regard  to  the  best  interests  of  the  Road,  a 
fair  and  proper  reduction  of  the  salaries  shall  be  made. 
Sec.  11.  Repeals  conflicting  laws. 
Assented  to  December  14,  1861. 

*  For  Act  aulliorizin;^  tlifi  Superintnndent  of  tlie  W.  <fc  A.  R.  R.  to  issue  $200,000  in  change 
bills,  see  Title  BANKS  AND  BANKING,  Act  No.  17. 


PART  II. 


I 


PRIVATE  AND   LOCAL  LAWS. 

Title  L— APPROPRIATIONS. 

"  II.— CITIES  AND  TOWNS. 

"  III.— CORPORATIONS, 

u  IV.—COUNTIES. 

"  v.— COUNTY  LINES. 

"  VI.— COUNTY  REGULATIONS. 

"  VII.— EDUCATION. 

"  VIIL— EXECUTORS,  ADMINISTRATORS,  ORDINARIES,  &C. 

"  IX.— INTERNAL  TRANSPORTATION. 

"  X.— PATROLS. 

"  XL— PHYSICIANS. 

"  XII.— RELIEF. 

"  XIIL— RIVERS  AND  DAMS. 

"  XIV.— ROADS. 

"  XV.— SLAVES  AND  FREE  PERSONS  OF  COLOR. 

^'  XVL— TAXES. 

•"  XVII.— TELEGRAPH  COMPANIES. 


m^0^''m'*^''. 


PART  II.   PRIVATE  AND  LOCAL  LAWS. 
TITLE  I. 


APPROPRIATIONS. 


Sec.  1. 


Sec.  3.  Governor  to  draw  Lis  warrant  on  Trea- 
sury for  same. 


$G,nOO_appropriation  for  support  of  pu- 
pils in  Cioorgia  Academy  for  tlie  Blmd 
for  IStVJ. 
Sec.  2.  Oue  dollar  per  copy  appropriated  to 
John  H.  Seals  as  extra  compensation 
for  publishing  Code  of  Georgia.  ' 

\> 

(No.  82.) 

An  Act  to  ai^iiropriatc  moiicy  for  the  support  of  the  pupils  of  the.  Georgia 
Academy  for  the  Blind. 

1.  Section  I.  Be  it  enacted  by  the  Genera/  Assembly  of  Georgia,  Thatpriau-afor"" 
the  sum  of  six  thousand  dollars  be,  and  the  same  is  hereby  appro- pu"T/in** 
priated  for  the  support  of  the  pupils  of  the  Georgia  Academy  forBiind'Sfr 
the  Blind,  during  the  current  political  year  ;  and  that  the  Gover- Governor  to 
nor  be  authorized  to  draw  his  warrant  upon  the  Treasury  in  favor rauron'-Pi^- 
of  the  Trustees  of  said  Academy,  for  said  sum  of  money.  Inftvo/'iJf*' 

Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Decembers,  ISGl. 

(No.  S3.) 

An  Act  to  appropriate  extra  comiicnsation  to  John  H.  Seals  for  the  publi- 
cation of  the  Code  of  Georgia. 

2.  Section  I.    The  General  Assembly  do  enact,  That  one  dollar  per  oa<. doii«r 
copy  be,  and  the  same  is  hereby  appropriated  to  John  H.  Seals  asoropriated  to 
extra  compensation  for  the  publication  of  the  Code  of  Georgia.        seBi«QBeit^» 

3.  Sec.  II.  The  G  c  tier  al  Assembly  do  further  enact,  That  the  Gover- S^i^'nCcodo 
nor  of  Georgia  do  draw  his  warrant  on  the  Treasury  of  this  State  ooveroor^'to 
in  favor  of  John  H.  Seals  for  the  sum  aforesaid  to  be  paid  out  ofmnronTJcM- 
any  money  m  the  Treasury,  not  otherwise  appropriated. 

Assented  to  December  14th,  1861. 

Note.— For  sundry  appropriations  to  individuals,  see  Title  "  Relief;'  also  Title  "Appropria- 
tions," in  Public  Laws,  and  noiea  thereto. 


for  Baiiiu. 


86  PRIVATE  AND  LOCAL  LAWS.— Cities  and  Towns. 


Americas. 


5 


TITLE  II. 


CITIES  AND  TOWNS. 
AMERICUS,  (No.  84.) 


••b 


Sec. 


1.  Corporate  limits  difiiu'd. 

2.  Aldermen  ;  Corporate  limits  ;  Powers. 

3.  Council  to  elect  Mnyor,  who  shall  act 

without  compensation  ;  Term  of  office 
oue  year. 

4.  Council  to  have  no  salary  ;  Taxes  on 

property  of  Mayor  ami  Council-men. 

.">.  Ortiees  of  Clerk,  Treasurer,  Marshal 
ami  Sexton,  consolidated  ;  Marshal 
to  be  elected ;  hii  salary,  term  of  of- 
fice, &c. 

G.  Duties  and  liabilities  of  Marshal.  lie 
may  be  removed. 


7.  ]\Iarshal  shall  give  bond,  and  make 
weekly  reports  ;  Publication  by  City 
Council  quart erly. 

S.  Tax  on  free  negroes,  and  on  slaves 
hirinfj  their  time,  &c. ;  assessment 
(if  Taxes  :  Tax  on  IJankinj;  and  In- 
suriince  A(ijents. 

9.  Dnties  and  powers  of  Mayor.  Appeal 
to  Council. 

10.  Time  of  holding  elections;  qualifiea- 

tious  fi)r  Alderman. 

11.  Assistant  Marshal. 


ATHENS,  (No.  85.) 


Sec.  12.  Clerk  of  Market ;  his  election.     Termf 
of  office  one  year.  I 


13.  Duties  and  fees  of  Clerk  of  market. 


ATLANTA,  (No.  86.) 


Sec.  14.  Time  of  holding   election    for  MayoriSec.  10. 
and  Council ;    when  to  be  qualified 
and  enter  upon  the  discharge  of  their! 
duties;  Financial  year.  I  "     20. 

Vacancy  in  oflice  of  Mayor;  vacan-i 
cy   in   Council.  "    21. 

Receiver  of  tax  returns  and  Tax  Col- 
lectoi. 

17.  Market.  "    23. 

18.  Street  duty.    Street  tax,  and  how  col- 
lected. 


15. 

IG. 


Powers  of  Mayor  and  Council  to  en- 
force ordinances.  Common  jail  of 
Fulton  couutj'  may  be  used  by  city. 

Default  tax  payers  may  be  double 
taxed. 

Attendance  of  parties  and  witnesses 
at  the  Mayor's  Court. 

Fees  of  oflicers. 

Corporate  limits  changed. 


AUGUSTA,  (No.  87.) 

Sec.  24.  Salary  of  Judge  of  City  Court  of  Augusta  maybe  fixed  by  City  Council — not  less  than 
one  thousand  dollars  per  annum. 

BELLVILLE,  (No.  88.) 


Sec.  2.J.  Bellville  incorporated — Corporate  lim- 
its. 

•'    2G.  Mayor  and  Aldermen. 

"     27.  Election  of  Mayor  and  Aldermen. 

"     2S.  t>al!i  of  Mayor  and  Aldermen. 

"  29.  Mur.-*hal,  Clerk  of  Council  and  Trea- 
surer. 

"     30.  Salaries  of  officers. 

"  31.  Power.sof  Mayor  and  Alderman.  On 
all  questions  in  Council,  a  majority 
vote  to  govern.  Mayor  and  each 
Alderman  to  be,  rx  officio,  a  magis- 
trate for  certain  pnrposes.  May  is- 
sue warrants,  an<l  tjind  over  offenders 
to  appear  at  Court  for  trial.  Keeper 
of  common  jail  of  Itichmond  county 
to  receive  oii'enders. 


Sec.  32.  Ordinances—  other  i)owers  of  Mayof 

and  Aldermen. 
"     33.  Fines. 
"     34.  Powers  andj  jurisdiction  of  Mayor  and 

Aldermen. 
"     3.'-).  Fees. 
"     36.  Oflicers  sued  may  justify  under  this 

Act. 


CUSSETA,  (No.  89.) 


Sec.  37.  Poll  tax. 


PRIVATE  AND  LOCAL  LAWS.— Cities  and  Towns.  87 


Americus. 


JONESBORO,  (No.  90.) 

Sec.  38.  Corporate  limits. 

SUMMERVILLE,  (No.  91.) 

Sec.  39.  Villafje  of  Suinmerville  in  liic/uno>uJ  f>cc.  '13.  Oath  of  Commissioners. 
roitnfi/,  incorporated,  |  '■     'M.  ?>[arslial. 

"    40.  Election  of  Commissioner.'!.  "    Jo.  Taxe.s,  tines,  &.c.    By-laws. 

"    41.  Intendcnt.  "    4G.     Treasurer,  &c. 

"     1:2.  Muuuer  of  electing  Commissioners.  ■,   "'aJi 

SPRING  PLACE,  (No.  92.)  -, 

Sec.  47.  Retail  License. 


Sec.  4S.  Ketail  License. 


ROMK,  (No.  93.) 


(No.  84.) 


An  Act  to  alter  and  amend  an  Act  entitled  an  Act  to  incorporate  tJic  City 
of  Americus,  and  to  alter  and  amend  an  Act  to  incorporate  the  town  of 
Americus  in  the  county  of  Sumter,  and  for  other  pmyoses. 

1.  Section  I.  Beit  enacted,  That  the  corporate  limits  of  the  city 
of  Americus  in  the  county  of  Sumter,  shall  extend  from  the  Courts 
House  withm  the  present  comporate  hmits,  one  mile  m  every  direc-'"'"^'- 
tion,  except  westward,  iu  which  direction  the  limits  shall  be  as  al- 
ready enacted,  to-wit  :  the  eastern  bank  of  Mucalee  Creek. 

2.  Sec.  II.  And  he  it  further  enacted  by    the  authority    aforesaid. 
That  the  municipal  government  of  the  city  of  Americus  shall  con- 
sist of  seven  Aldermen,  who  are  hereby  constituted  a  body  corpo- a'<'""»"- 
rate,  under  the  name  and  style  of  the  Common  Council  of  the  city  corporate 
of  Americus  ;  and  under  such  name  shall  have  perpetual   su cces- ""''" 
sion  ;  shall  have  a  common  Seal,  and  by  such  name  and  seal  plead 

and  be  impleaded  in  any  Court  of  law  and  equity  in  this  State. 

3.  Sec.  IIL  And  he    it  further  enacted  by  the   authority   aforesaid, 
That  from  and  after  the  termination  of  the  year  1861,  and  upon 

the  election  of  a  Common   Council  under  this  Act,  one,  a  nienibercoimento 
of  said  Common  Council,  shall  be  selected  by  the  same,  by  ballot,''"'  ^^"■^"'' 
who  shall  perforin  the  duties  of  Mayor  for  said   city  of  Americus 
without  salary  or  other  compensation  ;  and  at  the  iirst  meeting  of"'"">ti'"^t 
Common  Council  in  the  year  1SG2,  and  at  the  first  meeting  in  each'"'"'"' 
succeeding  year,  the  members  of  the  Connnon  Council   shall  pro-^^'^^'^J,'"""'' 
ceed  to  elect  a  Mayor,  who  shall  hold  his  otHce  for  the  space  of  one'''''^"'"''"'"- 

•^  1  liic,  oue  yejjv 

year. 

4.  Skc.  IV.  And  be  it  further  enacted,  by  the    authority   aforesaid. 

That  the  Common  Council  of  the  city  of  Americus  shall  receive  no  h«TCo!ai- 
compensation  for  their  services  ;  and  all  property  held,  owned  or"'' 
possessed  within  the  limits  of  said  city  of  Americus  by  the  Mayor  M,,y„r„nd- 
or    Councilmen    of    said    city    shall    be    alike    subject    to   and'L'';^';';!".." 
shall  pay  the  regular    rates   of  taxation,  the   same"  as  may   bel-Ttyr.r^ 
paid  by  the  citizens  of  said  county.  '"^' 


88         PRIVATE  AND  LOCAL  LAWS.— Cities  and  Towns. 

Ainericns. 

5.  Sec.  V.  And  be   if  further  enacted,  by    the  authority   aforesaid, 

Offices  of     That  from  aiul  after  the  termination  of  themnnicipal  year  of  1S61, 

ui'^Tl'MlrshtTtlie  offices  of  city  Clerk,  city  Treasurer,  city  Marshal,    and  city 

conBolwated.  ScxtoH,  shall  bc  consolidated  and  made  one  and  the  same  office,  and 

that  the  duties  appertaining  to  the  several  offices  shall  be  perform- 

city  Marshal  ed  by  ouc  aud  the  same   officer,  who  shall   be  styled  city  Marshal, 

"""^'^   and  who  shall  be  elected   by  the  citizens  of  Americus  on  the  same 

day  that  the  members  of  the   Common    Council  are  elected,   and 

ii«?I2a".       who  shall  receive  as  full  compensation  for  his  services  a  sum  not  to 

Histerm  of  excccd  slx  huudred  dollars  per  annum,  and  who  shall  hold  his  office 

for  the  term    of  one  year,  unless  for  cause  he  shall  be  removed  by 

the  Common  Council. 

(i.  Sec.  VI.  Be  it  further  enacted  by  the  authority  aforesaid.   That 
iubnuio°of  it  shall  be  the  duty  of  the  city  Marshal  to  patrol  said  city,  to  over- 
MarshaL       ggg  ^ud  dircct  thc  work  on  the  Streets,  in  the  Semetary,  and  other 
2)ublic  works  of  the  city  ;  to  collect  under  the  direction  of  the  Com- 
mon Council,  when  assessessed  by  them,  the  taxes  of  the  city  ;  and 
to  perform  all  of  the  duties  necessary  to  be  performed  pertaining  to 
the  offices  of  Clerk,  Treasurer,  Marshal  and  Sexton  ;  and  upon  the 
complaint  of  any  citizen,  substantiated  by  proof,  he  shall  be  subject 
Manhai  may  to  bc  reuiovcd  froui  his  office,  for  malpractice,  insufficiency  or  nee- 

bercmoved.     Ig^t  of  dutj. 

7.  Sec.  VII.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
giveboV;^  the  Marshal  be  required  to  give  bond  and  security  for  the  faithful 
performance  of  his  duties,  in  such  sum  as  may  be  deemed  sufficient 
mafa!  wcL-kiy  by  thc  Comuion  Council  ;  he  shall  be  required  to  report  weekly  to 
^'^'^  *■  the  Common  C.^ouncil,  his  collections,expenditures,  acts  and  doings; 
Pubiicafion   and  the  Common  Council  shall  publish  once  every  three  months,  a 

by  City  Couii-  en  •  n      t    i  i 

cii  quarterly. lull  aud  complctc  accouut  or  all  receipts  and  disbursements,   and 
all  other  matters  of  immediate  interest  to  the  city. 
•  Tax  on  free       S.  Sec.  VIII.  Be  it  j'urther  cndcted  by  the  a uthority  af>rlsaid ,    The 

onXve'i.  hif-tax  to  be  paid  by  free  persons  ol"  color,  or  slaves  hiring  their  own 

tc.""'""""'time  or  living  by  themselves  in  said  city,    shall  not  be  less  than 
Twenty-five  Dollars  per  annum  ;  that  the  Common  Council  shall 

AMe.Bment   assess  all  taxes  as  at  present  iirovided  for,  exce])t  Banking  and  Insur- 

of  taxes  on  *-  ^  '  1  O 

Banung  ui.d  ance  Agents  ;  and  on  Bank  Agents  and  Insurance  Agents  the  tax 
agcnti.         shall  [not  ?]  exceed  one  per  cent,  upon  the  gross  earnings    of  the 
respective  Agencies,  Banks  or  Companies. 

9.  Sec.  IX.  Be  it  further  enacted  by  the  authority  aforesaid,  That 
powers  of     at  all  meetings  of  the  Comnjon  Council,  the  Mayor  shall  preside  ; 

and  in  case  of  a  tie,  give  thc  casting  vote  ;  he  shall  be  empowered 

to  hear  and  determine  upon  all  ini'ractions  of  the  Ordinances  of  the 

Appraito      city,  and  to  line  or  imprison  in  accordance  therewith,  an  appeal  ly- 

coimci.       .j^g  -j^j  ^11  cases  from  the  decision  of  the  Mayor,  to  the  Common 

Council. 

10.  Sec.  X.  Be  it  further  enacted  by  tlie  authority  aforesaid,  That 
cic°uon8^fi>'r'^the  elcctiou  for  AldermcMi  of  the  city  of  Americus,  shall  be  held  on 
Aidermon.  ^^^^  jjj.g|.  gy^^urdav  of  cacli  year  ;  and  that  no  person  shall  be  eligi- 
t?on!'lfAi-  ble  to  the  office  of  Aldernjan  or  Marshal,  unless  he  shall  be  of  the 
dermen.       ^^^  ^j-  tweuty-onc  years,  a  citizen  of  the  Confederate  States,  and 


PRIVATE  AND  LOCAL  LAWS.— Cities  and  Towns.  89 

Athens — Atlanta. 

shall  have  resided  in  said  city  for  the  space  of  two  years  next  pre- 
ceeding  said  election. 

11.  Sec.  XL  Be  it  fartlicr  enacted  hy  the  auihorify  aforesaid,  That 
should  it  become  impossible  for  the  Marshal  to  discharge  properly  ^^^^^'^^tayt 
the  several  duties  allotted  to  him,  the   Mayor   with  the   consent 

of  the  Common  Council,  sliall  appoint  a  competent  assistant  to 
serve  for  such  time  as  his  services  maybe  needed,  whose  salary 
shall  not  he  exceeding  Four  Hundred  Dollars  per  annum,  or  in  that 
ratio;  but  he  shall  only  be  employed  and  receive  pay  for  such  time 
as  his  services  are  deemed  actually  necessary. 

Sec.  XIL  Repeals  conflicting  laws. 

Assented  to  December  17,  ISGl. 

Note— For  farmer  Acts  relatiuir  to  Aiuericus,  see  Acts  of  '55-6,  p,  377  ;  Acts  of  1857,  p.  IG3 ; 
ami  Acts  of  1858.  p.  129. 

(No.  So.) 

All  Act  to  alter  and  amend  a  portion  of  the  Sth  Section  oj  An  Act  to 
amend  the  several  laws  in  relation  to  the  toivn  of  Athene,  and  to  extmd 
the  power  of  the  corporate  authorities  thereof''  passed  by  the  General 
Assanbly  of  Georgia,  and.  assented  to  Dec.  22,  1S57. 

12.  Section  I.  The  office  of  Clerk  of  the  Market  in  the  town  on^_;ej'^f^j^^ 
of  Athens,   shall  be  disconnected  from  the  ofhce  of  Clerk  of  f  1^*^  "'"J^,':;^^^^]'" 
Council;  and  it  shall  be  the  duty  of  the  Council  at  its  first  regular  i\";n  office  of 
jiieeting  in  January  in  each  year,  to  elect  a  Clerk  of  the  Market,  j;||jj'j«j}.^^ 
who  shall  hold  his  office  for  one  year  unless  sooner  removed  by  the'ie<;t  a  cierk 

r^  •>    p  1  1  /y     •         /  01  the  market. 

Council  tor  good  and  sufucient  cause.  Histermof 

13.  Sec.  IL  All  the  duties  heretofore  required  of  the  Clerk  ofy^r. 
the  Council,   under  the  general  ordinances  with  reference  to  fh^ni'tios  aiui 
Market,  shall  be  performed  by  the  Clerk  of  the  Market ;  and  heoVtue  mar"- 
shall    receive  for  said   services  the  usual  fees  prescribed  for  said 
services. 

Sec.  III.  All  laws  conflicting  are  hereby  repealed. 
Assented  to  Dec.  17,  ISO  1. 

Note. — For  Acts  heretofore  na'^spd  in  referenco  to  the  town  of  Athens,  see  Acts  of  1853— 1,  p. 
211 ;  Acts  of  18,55-G,  p.  400  ;  and  Acts  of  1850,  p.  127. 

(No.   SO.) 

A7h  Act  to  alter  and  amend  the  several  Acts  incorporating  the  city  of  At- 
lanta, in  Fulton  county,  Georgia. 

14.  Section  I.  Be  it  enacted,  That  the  annual  elections  of  Mayor 

and  Council  of  said  city,  after  the  next  regular  annual  election  in  J  an-  '^^\^l\^lt 
uary  next,  shall  beheld  on  the  first  Wednesday  in  December,  lS62,!|";d"cTncu. 
in  each  and  every  year  thereafter;  and  that  they  shall  be  entitled  when  qnaii- 
to  be  duly  qualified  and  assume  the  discharge  of  their  respective ,'!,';ti"up„*n 
duties  at  the  first  regular  meeting  in  January  thereafter  ;  and  thatKuiandoi'""" 
the  financial  year  shall  terminate  on  the  last  day  of  December.         ^'■'"■• 

15.  Sec.  II.  In  the  event  the  office  of  Mayor  shall  become  vacant 


90  PRIVATE  AND   LOCAL   LAWS— Cities  and  Towns. 

Atlanta. 


at  any  time  within  three  months  of  the  expiration  of  his  term  of  office, 
the  President /y/o  (cm.  of  Council  shall  actus  Mayor  during  the  balance 
of  said  term,  and  exercise  all  the  rights  and  power  of  Mayor  during 
said  time ;  and  in  the  event  of  a  vacancy  in  the  Council  of  said 
offi^^May-^^O'  '^^'ithin  the  like  period,  the  acting  ]\[ayor  and  Council  shall 
*■  have  power  to  fill  said  vacancy  by  the  election  of  an  Alderman  be- 

longing to  the  Ward  in  which  said  vacancy  may  occur,  for  said  un- 
expired term. 

IC.  Sec.  in.  Br  i/j'i/rtlur  cNdc/rd,  That  the  ]\Iayor  and  Council  of 

TSTRrtimiB^^  said  city  shall  have  power  and  authority  to  elect  a  Receiver  of 

?e°1oT."  *^'''" ^^''-"^  Returns  and  Tax  Collector,  at  the  same  time  of  electing  a 

Clerk  and  other  olHccrs,  and  pres^cribe  their  respective  duties  and 

compensation. 

17.  Sec.  IV.   Be  it Jvrllar  ukuUiI,  That  said  Mayor  and  Council 

shall  have  lull  power  and  authority  to  establish  a  Market  in  and 

Market.       fyr  g^jj  citv  ;  and  to  pass  all  ordinances  necessary  to  sustain,  pro- 

tect,*regulate  and  govern  the  same,  not  contrary  to  the  laws  and 

constitution  of  this  State. 

IS.  Sec.  V.  Be  it  further  eiuictcd,  That  all  persons  liable  to  per- 

street  duty  of  form  road  duty  by  the  laws  of  this  State,  shall  be   liable  and  sub- 

citizens,      ject.to  work  on  the  streets  of  said  city,  under  the  direction  and 

control  of  the  proper  officer  of  said  city  ;  Frovidcd,  That  the  Mayor 

street tsx.    .^^j  QquucII  of  Said  clty  shall  have  power  to  levy  a  street  tax  in 

lieu  thereof;  And  iirovidcd further.  That  all  persons  who  shall  faiJ  or 

refuse  to  pay  said  tax  on  or  before  such  day  as  said  ]\[ayor  and 

Council    by    ordinance    rnay    require,    the    person    failing    shall 

be  required,  upon  three  days  notice,  to  do  and  perform  street  work 

as   aforesaid,  and  upon   failure  thereof,  such   defaulter  shall  be 

liable  to  be  dealt  with  by  the  Mayor  and  Council  as  for  a  violation 

of  other  ordinances  of  said  city. 

19.  Sec.  VI.  Be  it  further  e?iactrd,  That  the  Mayor  and  Council 
Power  of  of  said  city  shall  have  power  and  authority  to  enforce  the  ordi- 
co'uncif'to  nances  of  said  city,  by  appropriate  fines  and  ])enalties  ;  and  when- 
nancee.        Gvcr  it  Shall  bccomc  necessary  to  imprison  any  person  by  sentence 

under  a  judgment  of  said  Mayor,  or  Mayor  and  Council,  it  shall  be 
ofvX'L  iv' lawful  to  use  the  connnon  Jail  of  Fulton  county,  Georgia,  instead  of 
b^city!  """^the  Calaboose  of  said  city,  upon  terms  and  conditions  to  be  regu- 
lated by  and  between  said  Mayor  and  Council  and  the  Inferior 
Court  of  said  county. 

20.  Sec.  VII.  Be  it  further  etiactcd,  That  said  Mayor  and  Council 
Say  hi'"'     ^'^^^'  huve  power  and  authority  to  enforce  and  collect  a  double  tax 

^obte  taxed,  of  any  person  who  shall  fail  or  refuse  to  give  in  a  list  ot  his  or  her 
taxable  property  to  the  Receiver  of  Tax  Ueturns  of  said  city. 

21.  Si:c.  VIIT.  Be  it  further  ennctcd,  That  the  ^Mayor  and  Council 
Attendance  of  Said  cltv  shall  liavc  power  and  authority  to  compel  the  attendance 
ancfwi'tTufB- of  parties  and  witnesses  at  the  3Iayor's  Court  and  the  meetings  of 
Mayor's"  Said  Couucll ;  and  for  this  purpose  said  Mayor  and  Council  shall 
^"'*'  have  power  and  authority  to  take  and  receive  of  parties  and  wit- 
nesses such  bonds  as  they  shall  deem  necessary  to  secure  the 
attendance  of  parties  and  witnesses;  and  to  pass  all  ordinances 


PRIVATE  AND  LOCAL  LAWS— Cities  and  Towns.  91 

Augusta. — Bellville. 

necessary  to  carry  this  act  into  eftect,  and  to  forfeit  and  collect  said 
bonds  in  the  same  manner  as  such  bonds  are  now  forfeited  and  col- 
lected in  ihe  Superior  Courts  in  this  State. 

22.  Skc.  IX.  Be  it  farther  enacted,  That  said  Mayor  and  Council 

shall  have  power  and  authority  to  establish  a  fee  bill  for  the  officers  ^^ees of offi- 
of  said  city,  not  higher  than  the  fees  allowed  to  the  county  officers, 
nor  lower  than  those  allowed  to  Justices  of  the  Peace  and  Consta- 
bles of  this  State. 

23.  Sec.  X.  Be  it  Jtirthcr  enacted.,  Tliat  the  corporate  limits  of 
the  city  of  Atlanta  be  extended  on  the  north  side  of  said  city,  by 
beginning  at  the  point  on  the  Western  and  Atlantic  Railroad  where  h,",'^"^"'*' 
the  present  corporate  line  now  crosses,  and  thence  run  up  said ''"'"^^'^• 
Road  to  the  north  corner  next  the  liaihoad,  at  the  lot  whereon 
Felix  Sowers  resides,  and  thence  east  from  said  corner  five  hun- 
dred feet ;  thence  south-east  to  the  present  corporate  line. 

Sec.  XI.  Repeals  conliieting  laws. 
Assented  to  Dec.  G,  ISGl. 

Note. — The  city  of  Atlanta  was  first  incorporated  liy  the  name  of  Marthasville,  in  1843, 
pamphlet  p.  83;  naino  changed  to  Atlanta  in  .1817,  pampli.  5lt;  charter  amended  in  1850, 
pamph.  9();  ajrain  iu  1852,  pauiph.  p.  38() ;  also  in  IS.Jl,  pamph.  pp,  212,  213,  211;  also  in 
185C,  pamph.  p.  295.    See  also  Acts  of  1859,  p.  128,  and  Acts  of  18(>0  p.  90. 

(No.   87.) 

An  Act  to  authorize  the  Citu  Council  of  Augiislei  to  fix  the  salary  of  the 
Judge  of  the  City  Court  of  said  city. 

24.  Section  I.  Be  it  enacted.  That  from  and  after  the  passage  of  ^       ^^ 
this  Act,  the  City  Council  of  Augusta  be  authorized  and  em})ow- Jv<i"e  "f  the 
ered,  from  time  to  tune,  to  fix  by  ordinance,  the  salary  of  the  Judge  Aufuet'a?''  ° 
of  the  City  Court  of  said  city,  at  such  rate  as  they  may  consider 

just  and  proper,  not  less  than  one  thousand  dollars  per  annum. 
Sec.  II.  Repeals  conliieting  laws. 
Assented  to  Dec.  17,  1861. 

Note.— This  Court  was  first  termed  the  Mayor's  Court  of  the  City  of  Augusta  ;  the  name  of 
the  Court  was  changed  by  Act  of  1826,  to  that  of  tlie  Court  of  Common  Pleas  for  the  City  of 
Augusta,  and  the  Judge  received  certain  fees  as  his  compensation.  By  Act  of  Dec.  30,  liS36, 
the  Judge  was  allowed  a  fix(;d  salary  of  $1,000  per  aunum,  to  be  paid  (piarterly  by  Ihe  City 
Council;  and  the  Court  fees  which  Mie  Judge  formerly  received,  were  to  be  jiaid  over  to  the 
Council.  The  Act  of  Feb.  15,  1856,  changed  the  name  of  the  Court  to  "  The  City  Court  of  Au- 
gusta." 

(88.) 

An  Act  to  incorporate  the  town  of  Bellville  in  the  county  of  Richmond. 

25.  Section  I.  Be  it  enacted,  That  from  and  after  the  passage  of 

this  Act,  the  town  of  Bellville,  on  Butler's  Creek,  in  the  county  ofifoi^rated"" 
Richmond,  and  State  of  Georgia,  be,  and  is  hereby  declared  and 
constituted  an  incorporated  town;  and  that  the  corporate  limits corpont. 
of  the  same  shall  extend  one  mile  in  every  direction  from  Bellville  '"""' 
Factory  building. 

26.  Sec.  II.  Be  it  further  enacted,  That  the  corporate  powers  of 
said  town  shall  be  vested  in  a  Mayor  and  four  Aldermen,  who  shall 


92 


PEIVATE  AND  LOCAL   LAWS.— Cities  and  Tovnss. 


Bellville. 


Mayor  and 
Aldermen. 


Election  of 
Mayor  and 
Alacrmen. 


be  elected  on  the  second  Wednesday  in  January  next,  1 862,  ten 
days  notice  having  been  given,  and  on  the  same  day  of  January  of 
each  year  thereafter  ;  and  thiit  said  ]\Iayor  and  Aldermen  shall  hold 
their  offices  for  one  year,  or  until  their  successors  are  qualified; 
and  all  citizens  residing  in  said  incorporation  ten  days  previous  to 
said  election,  who  shall  be  entitled  to  vote  for  members  of  the 
General  Assembly,  shall  be  entitled  to  vote  for  said  Mayor  and 
Aldermen. 

27.  Sec.  in.  yhul  he  if  furtlur  cjiacUd,  That  any  two  citizens  in 
said  town,  being  first  sworn  to  hold  said  election  properly  and 
justly,  may  preside  over  said  election,  neither  of  whom  being  a 
candidate  ;  and  the  person  receiving  the  highest  number  of  votes 
shall  be  declared  to  be  duly  elected  ;  and  that  the  managers  of  said 
election  shall  give  their  certificate  to  such  persons  as  shall  be  thus 
elected  ;  and  said  certificate  shall  be  evidence  of  that  fact,  and 
their  authority  to  act  as  Mayor  and  Aldermen  of  said  town  ;  and 
the  said  certificate  shall  be  recorded  by  the  Clerk  of  the  Council  in 
a  book  kept  for  that  purpose ;  and  this  record  shall  always  be  the 
highest  evidence  of  said  election  and  qualification. 

'2S.  Sec.  IV.  And  he  it  further  enacted,  That  the  said  Mayor  and 
Aldermen,  before  they  enter  upon  the  duties  of  their  respective 
offices,  shall,  before  a  Justice  of  the  Inferior  Court  or  Justice  of  the 
Peace,    take  and    subscribe   the   following  oath:  "I  do  solemnly 
?r*andTw/r- sw^ear  that  I  will,  to  the  best  of  my  ability,  faithfully  discharge  the 
'"^"'  duties  of  Mayor,   (or  Aldermen,)  of  the  town  of  Bellville,   during 

ray  continuance  in  office — so  help  me  God." 

29.  Sec.  V.  And  he  it  further  enacted,  That  the  said  Mayor  and 
Marshal, ci'k-^^^^'*"'*^^^  sliall,  at  tlicir  first  annual  meeting  after  their  being 
5l,^;;^"„'',t!r.""'^  qualified,   proceed  to  elect  by  ballot,  a  Marshal,  Clerk  of  Council, 

and  Treasurer;  each  of  whom,  unless  removed,  shall  remain  in 
office  until  a  new  election  for,  and  qualification  of  Mayor  and 
Aldermen;  and  that  said  Mayor  and  Aldermen  shall  have  full 
power  and  authority  to  remove  from  office,  and  to  elect  others  in 
their  places,  or  to  punish  by  fine,  not  exceeding  fifty  dollars,  any 
officer  elected  by  them  for  any  neglect,  malpractice  in  or  abuse  of 
said  office,  or  for  any  misdemeanor. 

30.  Sec.  VI.  And  be  it  further  enacted.  That  the  Mayor  and  Alder- 
saiarieiof  of-men  shall  have  the  power  to  fix  and  regulate  the  salaries  of  each  and 

every  officer  they  may  elect ;  which  salaries  shall  not  be  increased  or 
diminished  during  their  continuance  in  office ;  and  the  said  officers 
shall  give  bond  and  security  to  the  Mayor  and  Aldermen  and  their 
successors,  in  a  sum  to  be  fixed  by  them  for  the  fiiithful  perform- 
ance of  liis  or  their  duties. 

31.  Sec.  VII.  And  be  it  further  etiactcd,  That  the  Mayor  and  any 
two  Aldermen  shall  form  a  quorum  for  the  transaction  of  all  busi- 
ness; and  the  Mayor  shall  have  the  casting  vote;  and  a  majority 
of  the  votes  shall  determine  all  questions  and  elections  before  the 
Council  ;  and  the  Mayor  and  each  Aldermen  shall  be,  to  all  intents 
and  purposes,  a  Justice  of  the  Peace,  so  far  as  to  enable  them,  or 
either  of  them,  to  issue  warrants  for  oflfences  committed  within  the 


Powers  of 
Mayor  and 
Aldermen. 


PRIVATE  AND  LOCAL  LAWS— Cities  and  Towns.  93 

Bellville. 

corporate  limits  of  said  town ;  which  warrants  shall  be  executed 
by  the  Marshal,  or  in  his  absence  or  sickness,  by  such  Deputy  as 
the  Mayor  may  appoint  for  the  time  and  occasion  ;  and  to  commit 
to  the  common  jail  of  Richmond  county,  or  to  admit  to  bail  ac- 
cording to  law,  all  offenders  for  their  appearance  before  the  next 
Superior  Court  thereafter  for  said  county,  to  await  his,  her,  or 
their  trial ;  and  it  shall  be  the  duty  of  the  Jailor  of  said  county  of 
Richmond  to  receive  all  such  persons  so  committed,  and  then  safely 
to  keep  until  the  same  is  discharged  by  due  course  of  law. 

31.  Sec.  VIIL  And  be  it  further  enacted,  That  the  said  Mayor  and 
Aldermen  shall  have  full  power  and  authority  to  pass  all  ordi-  '"  '^'' 
nances  and  laws  necessary  tor  the  government,  good  order  and  well 
being  of  said  town  of  Bellville,  and  to  remove  pests  and  nui- 
sances, and  to  perform  all  acts  necessary  and  proper  to  carry  out 
the  provisions  of  this  Act,  not  incompatible  with  the  constitution 
and    laws    of    Georgia.      They    shall    also    have    full    power    to^„ 

.°  •'  .  .         X  other  powers 

make  all  contracts  in  their  corporate  capacity  which  they  may  "V!!^"?'"' a"* 

^.        .,  '■''-,.,.  J  J    Aldermen. 

deem  necessary  for  the  welfare  of  said  town  ;  and  in  their  corporate 
capacity  to  hold  property,  and  to  sue  and  be  sued. 

'S\i.  Sec.  IX.  And  be  it  further  enacted,  That  the  ]\Iayor,  and  in  hisji„y„r^j,^ 
absence  any  two  of  the  Aldermen  of  said  town,  shall  have  full  ^,|f"\^^?h 
power  and  authority  to  try  all  offenders  against  any  of  the  by-laws  JiJ^^"^"'  ^y 
and   ordinances  of  said  town;  and  to  punish  for  each  and  every 
violation  thereof  within  the  corporate  limits  of  said  town,  by  fine,  f^feed"$2s. 
or  tines  not  to  exceed  the  sum  of  twenty-live  dollars. 

34.  Sec.  X.  And  be  it  further  enacted,  That  the  Marshal  shall  have 
full  power  and  authority  to  examine  all  places  or  houses  in  said 
town  where  he  may  suspect  a  violation  of  the  laws  of  this  State  or 
the  ordinances  of  said  town  may  be  carried  on  ;  and  he  shall  report 
all  offenders  in  said  town  against  said  laws,  to  the  Mayor  or  any 
Aldermen  of  said  town,  w^hose  duty  it  shall  be,  upon  such  report 
being  made,  to  issue  a  warrant  or  warrants  for  the  apprehension  of  P°r"^*°^ , 

o  '        ^  .  .11  ,  jurisdiction  of 

every  such  offender,  and  to  commit  the  same  to  iail,  or  .admit  to  ^^ay""" ""'' 
bail  according  to  law,  to  await  his,  her,  or  their  trial  before  the  Su- 
perior Court  of  Richmond  county,  when  such  offence  is  in  viola- 
tion of  the  laws  of  the  State ;  and  also,  that  the  said  Maishal  be 
fully  authorized  to  arrest  any  and  all  disorderly  persons  who  shall 
violate  any  of  the  by-laws  and  ordinances  of  said  town,  and  to  take 
the  same  before  the  Mayor  or  any  two  Aldermen  of  said  town,  for 
trial,  according  to  the  provisions  of  this  Act;  and  also,  that  upon 
all  trials,  or  examinations  authorized  or  required  by  any  of  the  pro- 
visions of  this  Act,  the  said  Mayor,  or  two  Aldermen  who  may  be 
conducting  any  such  trial  or  examination,  shall  have  full  power  to 
compel  the  attendance  of  any  witness  or  witnesses  by  a  fine  not  to 
exceed  twenty  dollars ;  and  also,  that  said  Mayor  and  Aldermen 
shall  have  power  to  establish  and  regulate  a  police  or  patrol  over 
all  slaves  and  free  persons  of  color  in  said  town  ;  and  that  said 
Mayor  shall  have  full  power  and  authority  to  call  to  his  aid  any 
and  all  white  male  citizens  of  said  town,  capable  of  bearing  arms, 
for  the  arrest  and  apprehension  of  any  offender  against  the  laws  of 


94  PRIVATE  AND  LOCAL  LAWS.— Cities  and  Towns. 

Bellville — Cncseta — Jonesboro. 


this  State,  or  of  the  ordinances  of  said  town  ;  and  in  case  any  such 
citizen  shall  refuse  to  render  such  aid,  he  shall  be  liable  to  such 
fine  not  to  exceed  twenty  dollars,  as  said  Mayor  and  Aldermen 
may  impose. 

3-5.  Sec.  XI.  And  be  u  further  enacted,  That  the  cost  for  issuing, 
serving  and  executing  all  warrants,  process  writs,   and  subpamas 
Few.  authorized  by  this  Act,  for  tlie  violation  of  any  of  the  ordinances  or 

»  by-laws  of  said  town  against  the  laws  of  the  State,   shall  be  the 

same  as  upon  warrants,  process,  subpoenas,  &c.,  by  the  laws  of 
this  State;   and  shall  be  paid  by  the  offender  or  oflenders,  in  case 
he,  or  slie,  or  they  be  guilty  of  the  alleged  violation  of  said  ordi- 
nances or  laws. 
offirerB  Bucd      ^^-  ^^^'  -^I^-  '^'^'^  ^^  it  further  enacted.  That  any  of  the  officers 
unLi'ibu^    of  said  incorporation  who  may  be  sued  for  any  act  done  in  his  or 
^'*-  their  ofhcial  character,  may  justify  under  the  Act. 

Assented  to  December  G,  ISGl. 

(No.  89.) 

An  Act  to  amend  the  fourth  Section  of  An  Act  to  incorporate  the  town  of 
Cusseta,  in  the  county  of  Chattalioochee,  and  to  render  jpcmiaii^nt  the 
counUj  site,  approved  Dcceinbcr  22d,  1855. 
« 
-"   '•'  37.  Section  I.    The   General  Assemhhj  of  the  State  of  Georgia  do 

enact,  That  so  much  of  the  said  fourth  Section*  as  prescribe  the 
rate  of  taxes  to  be  levied  by  the  Intendant  and  Commissioners,  up- 
^  on  property  in  said  town  be,  and  the  same  is  hereby  repealed ;  and 
niatediii    '  that  in  lieu  thereof,  said  portion  of  said  Section  be  made  to  read  as 
Bcui. '      "°  follows:  Frovided,  said  poll  shall  not  exceed  two  dollars  per  poll ; 
and  said  tax  shall  not  exceed  one  hundred  per  cent  upon  the  State 
tax. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  17,  1861. 

"  For  this  Section  see  Acts  of  1855—0.  p.  363. 

(No.  90.) 

An  Act  to  alter  and  amend  An  Act  entitled  '■^An  Act  to  incorporate  the 
town  of  Jonesboro,  in  the  county  of  Clayton;  to  provide  for  the  election 
of  Commissioners,  Marshals,  and  Clerks  ;  and  for  other  purposes  there- 
in mentionedf^  assented  to  December  V6th,  1S59.* 

38.  Section  I.  Be  it  enacted.  That  from  and  after  the  passage  of 
this  Act,  the  twelfth  Section  of  the  above  recited  Act,  be  altered  by 
H^Tu'of'      striking  out  the  words  "  two  miles  North  and  South,''^  and  inserting 
joue,borodc.^}jg  ^Qj.^ig  u  ^,,^^  „^l/f,  ^^r^^y^  f,,^^l  Eolith,''  instead  thereof. 

Sec.  II.  Repeals  conflicting  laws. 
Assented  to  December  6,  1861. 

9.See  Acts  of  1859,  p.  175. 


PRIVATE  AND  LOCAL  LAWS.— Cities  and  Towns.  95 

Suinmerville. 

(No.  91.) 

A)i  Act  to  incorporate  the  Village  of  Summcrville,  in  the  county  of  Rich- 
mond; to  provide  for  the  election  of  Comnnssioncra  for  the  same  ;  to  pre- 
scrihe  tlie  yoivers  and  duties  of  said  Commissioners,  and  for  other  pur- 
poses. 

39.  Section  I.  The  General  Assembly  of  the  State  of  Georgia  do 
hereby  enact,  That  from  and  immediately  after  the  passage  of  this 
Act,  all  persons  who  are  citizens  of  the  Confederate  States,  and  who 

are  residing  within  one  mile  in  every  direction  from  the  intersec- simXrviHe 
tion  of  Milledge  street  and  Walton  Way,  in  the  village  of  Summer-;",,,!^;^!;^^,^. 
ville,  in  the  county  of  Richmond,  and  State  aforesaid,  shall  be  deem-P""'*'^- 
ed,  and  they  are  hereby  declared  to  be  a  body  politic  and  corpo- 
rate ;  which  corporation  shall  be  known  as  the  village  of  Sumnier- 
ville;  it  being  understood  that  the  residences  and  premises  of  Por- 
ter Fleming,   Robert  Campbell,    Antonio  Poullain,    S.  D.  Linton, 
George  W.  Lamar  and  James  Gardner,  Esquires,  are  to  be  included 
within  the  limits  aforesaid. 

40.  Sec.  II.  Be  it  further  cjiacted,  That  all  free-holders  within  the 
limits  aforesaid,  who  are  entitled  to  vote  for  members  of  the  Lea:is- Election  of 

■,,  111  ji  ^^c^  1  •        -r  ■>    -  ^-^  •\  %         it  Ccmimissiou- 

lature,  shall  on  the  2d  Saturday  in  January,  ±862,  and  on  the  hrst"«- 
Satm'day  in  January  in  each  and  every  year,  after  the  year  1SG2, 
meet  at  the  Academy  in  said  village,  or  at  such  other  place,  as  may 
be  from  time  to  time  designated  by  the  Commissioners  of  said  vil- 
lage, (by  notice  given  in  one  of  the  gazettes  of  the  city  of  Augus- 
ta,) and  by  ballot  elect  live  commissioners  for  said  village;  and  in 
the  event  that  such  election,  from  any  cause,  should  not  take  place 
at  the  time  specified,  then  the  Justices  of  the  Peace,  in  the  ll9th 
District,  G.  M.,  in  said  county,  may  appoint  some  other  day  for 
such  election  and  give  notice  accordingly;  such  Commissioners  shall 
hold  their  office  for  one  year,  or  until  their  successors  are  elected 
and  qualified. 

41.  Sec.  IIL  The  said  Commissioners  shall  have  authority  to  ap- 
point one  of  their  number  Intendent  of  said  village;  and  the  said '"''"''*'"*• 
Intendent,  in  addition  to  such  authority  as  may  be  given  to  him  by 

the  Ordinances  and  By-Laws  which  shall  be  passed  by  said  Com- 
missioners, shall  be  clothed  with  all  the  powers  of  a  Justice  of  the 
Peace,  within  the  limits  of  said  village  ;  and  shall  hold  his  office  for 
one  year  from  the  time  of  his  appointment,  or  until  his  successor  is 
elected  and  qualified.  .  .Mw*; 

42.  Sec.  IV.  The  polls  for  the  election  of  said  Commissioners         '^^' 
shall  be  opened  at  (10)  ten  o'clock,  of  the  day  on  which  the  samew,*"",?gcom- 
takes  place,  and  close  at  (4)  four  ;  the  first  election  shall  be  manag-' 
ed  and  presided  over  by  any  Justice  of  the  Peace  in  said  county,  and 
two  free-holders  in  said  village  ;  and  the  subsequent  elections  shall 
be  managed  by  any  two  of  the  Commissioners  and  a  free-holder  of 
said  village;  or  by  a  Justice  of  the  Peace  and  two-freeholders  of 
said  village;  and  the  managers  of  such  election  shall  have  authori- 


niiseioucrs. 


By-laws. 


96  PRIVATE  AND  LOCAL  LAWS.— Cities  and    Towns. 

Summervillo. — Sprinp  Place. 

ty  to  issue  to  the  persons  who  are  elected,  certificates  of  their  elec- 
tion, which  shall  be  sufKcient  evidence  thereof. 

43.  Sec.  y.  'J'he  said  Commissioners  so  elected,  shall,  at  the  time 
they  receive  their  certificate  of" election,  take  and  subscribe  the  fol- 
lowing oath  :     "  I  do  solemnly  swear  that,  to  the  best  of  my  abili- 

oath of  Com- sv,  I  will  couduct  myself  uprightly  as  a  Commissioner  of  the  vil- 

misnoncrs.         •'  ...  '        i      i  i  •  i*i      i  i     •  •  i  ii 

lage  ol  hummerviUe  ;  ami  tliat  I  will  do  equal  justice  to  all  persons 
who  may  be  concerned  in  my  administration  of  the  law  and  of  the 
by-laws  of  said  village,  within  the  same." 

44.  Sec.  VI.  The  said  Commissioners  shall  have  power  and  au- 
Marshai.       thorlty  to  clcct  and  commission  a  Marshal  and  Deputy  Marshal,  for 

said  village;  and  also  to  appoint  and  organize  a  patrol  within  the 
same,  with  such  powers,  and  subject  to  such  duties  as  may  be  pre- 
scribed by  the  Ordinances  or  By-laws  of  said  village. 

45.  Sec.  VJI.  The  said  Commissioners  shall  have  full  power  and 
TajceB,  fines,  authority  to  make  assessments  of  taxable  property  within  the  said 

village;  to  lay  and  collect  such  taxes  as  they  may  deem  necessary 
fur  the  purposes  of  carrying  their  powers  into  effect;  to  impose  and 
collect  lines  ibr  all  offences  committed  against  the  By-laws  or  Ordi- 
nances of  said  village;  and  generally  to  make  and  enact  all  such 
By-laws  or  Ordinances  not  repugnant  to  the  Constitution  and  laws 
of  the  land,  as  they,  or  a  mnjority  of  them,  may  deem  expedient  for 
the  security,  welfare  and  convenience  of  said  village,  or  for  preserv- 
ing peace,  order  and  good  government  within  the  same  ;  Provided., 
that  nothing  in  this  Section  contained,  shall  be  so  construed  as  to 
authorize  any  inteference  with  the  working,  management  and  care 
of  the  public  roads  in  said  village  by  the  Inferior  Courts  of  said 
county,  or  its  agents. 

46.  Sec.  Vlli.  The  said  Commissioners  shall  have  authority  to 
'^"'"'"^""^'  appoint  a  Clerk,  Treasurer,  and  such  other  subordinate  officers  as 

they  may  need  ;  and  to  collect  all  taxes  or  fines  due  and  payable  to 
them,  by  Execution  or  other  process  issued  in  such  form  as  shall 
be  by  their  By-laws  prescribed. 
Assented  to  December  16,  1S61. 

(No.   92.) 
An  Act  to  authorize  the  Commissioners  of  the  Town,  of  Spring  Place,  in 
Murray  co7tntij,  to  issue  license  for  the  retail  of  Spirituous-  TJipiors, 
and  to  fix  the  amount  of  the  license  for  the  same,  and  to  punish  for  sell- 
ing ivithout  licen.se. 

47.  Section  I.  Thr.  General  Assembh/ do  enact,  That  the  Commis- 
ReuiuireDBc-sioners  of  the  town  of  Spring  Place,  in  Murray  county,  areauthor- 
piace""*      ized  to  issue  license  to  retail  spirituous  liquors  therein  ;  and  to 

charge  and  collect  for  the  same,  such  sum  as  they  may  think  best, 
not  exceeding  S250,  per  year,  for  each  license;  And  be  it  further  enact- 
ed. That  all  persons  who  shall  retail  spirituous  liquors  within  said 
town,  without  such  license,  shall  be  punished  as  now  provided  by 
law  for  retailing  without  license. 

Sec.  II.  All  conflicting  laws  are  hereby  repealed. 

Assented  to  December  13,  1861. 


Lioenec  to  re- 
tuous 
the 


PRIVATE  AND  LOCAL  LAWS.— Corporations.  97 

Rome — Cavender's   Creek   aud  Field   Minings   Company. 

(No.  93.) 

An  Act  to  amend  the  several  laws  heretofore  passed  incoriwrating  the  citij 
of  Rome,  in  the  county  of  Floyd  ;  and  to  enlarge  the  powers  of  the  City 
Council  of  the  City  of  Rome,  in  relation  to  the  granting  oflicc7ise  to 
retail  and  sell  liquors. 

4S.  Section  I.  The  General  AssemUy  of  the  Slate  of  Giorgia  en- 
acts, That  from  and  after  the  passage  of  this  Act,  the  City  Council 
of  the  city  of  Rome,  in  the  county  of  Floyd,  shall  have  full  power  ||;iiVr>t' 
and  authority  to  impose  a  tax  of  not  exceeding  three  hundred  dol- ^^i'j  "f  i^"""^^ 
lars  annnallv,  upon  all  persons  who  shall  sell  spirituons  liquors 
within  the  corporate  limits  of  said  city,  in  less  quantities  tiian  by 
the  gallon  or  barrel ;  the  said  tax  so  assessed,  to  be  applied  to  the 
use  of  the  said  city. 

Sec.  II.  Repeals  conflicting  laws. 
Assented  to  December  17,  1861. 

Supreme  Court  Decisions. — A  clause  in  the  charter  of  tlie  City  of  Albany,  conferring  the - 
power,  in  general  terms,  to  pHs.s  all  Bylaws,  <fcp.,  not  inconsistent  with  the  Constitution  and 
laws  of  the  State,  does  not  confer  the  power  to  pass  an  Ordinance  making  it  a  penal  offence  to 
sell  si)irits  in  quantities  of  a  (juart  or  more,  to  be  drank  on  tin-  premises  where  sold,  this  being 
inconsistent  with  the  State  law  on  the  subject.    29.  Ga.  Reports.  56. 

A  took  out  a  license  from  the  State  to  retail  spirits  in  (cordon  county,  in  November,  1S,''8.  In 
December  thereaflcr,  the  Legislature  passed  An  Act  authorizing  aud  empowering  the  Com- 
mon Council  of  Calhouu.  in  said  connty,  to  levy  aud  collect  a  tax  not  less  than  one  hundred  dol- 
lars, upon  any  retail  establisiiuieut,  «fce.,  in  that  jilace  ;  //(■/(/,  that  the  Statute  wa.'i  not  intend- 
ed to  apply  to  one  who  had  already  paid  the  State  for  the  privilege  of  retailing.    2"J.  Gu.  Repts 


TITLE  III. 


CORPORATIONS. 
CAVENDER'S  CREEK  AND  FIELD  MINING  CO.,   (No.  94.) 


Sec.  1.  Cavender's  Creek  and  Field  Mining 
Co.  incorporated.  Powers  and  privi- 
leges,    liy-laws. 

"  2.  Company  may  own  and  sell  real  es- 
tate. 

"  3.  Capital  stock  $.jO,000.  Shares.  Per- 
sonal liability  of  Stockholders  for 
debts  of  Co. 


Sec.  -1.  Flume  or  aqueduct.  Dam  on  Chesta- 
tee  river.  Damages.  Execution. 
Appeal. 

"  5.  Deposit  of  money  for  damages  as- 
sessed, on  appeal. 

"  G.  Penalty  for  damaging.  Sec,  Compa- 
ny's works. 


TURNER  MOUNTAIN  COPPER  MINING  CO.,  (No.  95.) 


Sec.    7.  Company    incorporated.      Corporate 
powers,  &,.     Seal.     Jlyluws. 
"       8.  Company  may  own  and   sell  real  es- 
tate. 


Sec.    9.  Capital  stock  f.'JOO.OnO.    Shares.    Per- 
sonal liability  of   Stockholders    for 
debts  of  Co. 
"     10.  Location  of  office  of  Co. 


DALTON  CITY  COMPANY,  (No.  9G.) 

Sec.  11.  List  of  Stockholders  to  be  filed  in  Clerk's  office. 

(No.  94.) 

An  Act  to  incorporate  the   C<mender''s   Creek  and  Field  Mining  Com- 
j)any. 

1.   Section  I.  Be  it  enacted  by  the   General  Assembly  (f  the    State 
of  Georgia,  That  John  C.  Early,  L.  D.  Davis,  and  such  persons  as 
7 


98  PRIVATE  AND  LOCAL  LAWS.— Corporations. 

Cavender's  Creek   and  Field   Miuing  Compauy. 


they  may   associate  with  them,  and  their   successors  and  assigns, 
Cavender's    shall  be  and  they  are  hereby  declared,  as  soon  as  they  shall  organ- 
fI.^m&.m    ize  under  this  Act,  a  body  corporate  and  politic,   under  the  name 
Slcoi^rlud.  and  style  of    "Cavender's  Creek  and  Field   Gold  Mining  Compa- 
ny," to  work  for  Gold,  or  other  valuable  minerals,  in  the  county  of 
Lumpkin,  and  State  of  Georgia,  on  Fractional  Lot  of  Land,  No. 
11S2,   12th   District   1st   Section,  known  as  the  Boling  W.    Field 
Gold  Vein,    in    Chestatee    River,    or    on   any   other  lauds    that 
they   may  now    own    or  on  any    other    lands    that    they    may 
hereafter  own  either  by  purchase,   lease,  or   otherwise,    from  the 
above  described  lot,  or  fractional  lot,  up  the  Chestatee  River,  to 
the   mouth   of  Cavender's  Creek,  and  up  said  creek    to   William 
Anderson's;  and  by  that  name  may  sue  and  be  sued,  plead  or  be 
impleaded,  answer,  or  be  answered  unto,  in  any  Court  of  law  or 
privuegcr    equity  in  this  State  or  in  the  Southern  Confederacy,  or  any  State 
thereof   having  competent  jurisdiction  ;  and  shall  enjoy  perpetual 
succession  of  otHcers  and  members,  have  and  use  a  Conunon  Seal, 
and  alter  the  same  at  pleasure;  may  make,  ordain  or  establish  such 
By-laws.      By-Laws,  rules  and  regulations   as  they   may  deem  expedient  and 
necessary  to  cary  into  eflect  the  objects  of  said  Company  ;  provi- 
ded such  by-laws,  rules  and  regulations,  are  not  inconsistent  with 
the  Constitution  and  Laws  of  this  State,  nor  with  the  Constitution 
and  Laws  of  the  Confederate  States. 

2.  Sec.  II.  Awl  be  it.  further  enacted,  That  the  aforesaid  Compa- 
ny hereby  created,  shall  by  its  corporate  name,  be  capable,  in  law, 
m°ayowuandof  purcliaslug,  owulug,  selHug,  and  conveying,  any  real  or  person- 
sei^reai  cb-    ^|  estato,  wliich  uiay  be  necessary  to  enable  said  Company  efficient- 
ly to  carry  on  the  operation  mentioned  in  the  first  section  of  this 
Act. 
Capital  ^-  Sec.  IIL  A/kI  he  it  further  cvacteJ,  That  the  capital  stock  of 

Rtock  $5:),-  gj^-j  QQijjpjjijy  sliall  be  lifty  thousand  dollars;  which  capital  stock 
suureB.  "liiy  ^^  divided  into  such  number  of  shares  as  may  be  determined 
on  by  a  vote  or  votes  of  three-fourths  of  the  Stockholders,  at  a  reg- 
ular meeting  of  said  Stockholders,  to  be  ascertained  by  the  rules 
and  by  laws  of  said  Company,  all  parties  at  interest  first  having 
notice  of  the  time  and  place  of  such  meetings  ;  and  the  Stockhold- 


bnltyof  ''"'ers  of  said  Company  shall  be  liable  pro  rata  for  the  debts  of  said 
fordei.'t«o"  Company,  to  the  amount  of  their  stock  by  them  respectively  held, 


ity  oT 
ckliol. 
di-Iitr 

Company.     |^^^  ^^^  ^^^  greater  amount. 

4.  Sec.  IV.  And  he  it  further  enacted,  That  said  Company  shall 

jr,j,„„  „r     have  power  and  authority  to  construct  Aqueduct  on  any  part,  on 

aqueduct.  Caveiidcr's  Creek  which  they  may  select,  below  the  above  named 
William  Anderson's,  by  ditch  to  carry  water,  trussel-work  or  flume 
to  the  said  Boling  W.  Field's  Gold  Vein,  for  hose  washing,  and  oth- 

DamonCh^B-er  proccss  of  mining  ;  and  to  construct  a  coffer  dam  in  Chestatee 
River,  said  dam  not  to  occupy  more  than  one-third  of  the  bed  of 

Damages,  said  Chcstatec  river,  subject  to  such^ainages  or  compensation  to 
the  legal  owners  of  the  lands  on  wmch  said  ditch,  trussel-work 
or  flume  may  may  be  constructed,  as  are  reasonable  and  just,  to 
be  adjudged  of  and  determined  by  three  free  holders  of  said  county 


PRIVATE  AND  LOCAL  LAWS.— Corporations.  99 

Cavender's    Creek    and    Field    Mining    Company.— Turner   Copper   Minincr    Company. 

of  Lumpkin,  one  cliosen  by  said  Company,  one  by  said  land  owner, 
and  a  third  chosen  by  the  Inferior  Court,  or  a  majority  of  them,  of 
said  county  of  Lumpkin  ;  and  their  judgment  being  rendered,  duly 
certified    to  the  Clerk  of  the   Superior  Court  of  said  county    of 
Lumpkin ;  and  said  Arbitrators  are  hereby  authorized  and  requir- 
ed to  certify  and  return    their  said  judgment,  and  all  their  pro- 
ceedings in  said  case,  to  the  Clerk  as  aforesaid  ;  said  Clerk  shall  is- E.tecution. 
sue  execution  against  the  parties  cost  for  all  cast  and  damages  ;  and 
said  executions   may  be  enforced  under   the  same  rules   and   laws 
that  now  govern  the  collection  of  money  by  execution  in  this  State, 
unlessthe  party  against  whom  the  said  arbitrators  found,  shall  enter  ^   ^^^ 
an  appeal  in'the  Clerk's  office,  within  four  days  from  the  return  and 
entry  of  said  judgment  ;  which   appeal  may  be  entered  under  the 
same  rules   and  regulations   which  now  govern  other  cases  of  ap- 
peal;  and  said  Company  shall,  in  like  manner,  be  liable  for  dam-otherdam- 
ages  to  the  proprietors  from  whose  lands,  either  in  whole  or  part,""  "' 
any  water  course  may  be  diverted  by  said  Company;  such  damages 
to  be  assessed  in  the  manner  above  named. 

5.  Sec  V.  A7ut  be   it  furtltcr  evaded,  That  entry  of  an    appeal 
in  all  cases  provided  for  in  this  Act,  shall  in  no  case  prevent  the 

,s,  J.  T  .,,  ,  /.      .       .  Deposit  of 

Company  Irom  proceeding  with  any  work,  or  part  of  their  work,  ^'f^^g^'^"'- 
on  depositing  with  the  Clerk  of  the  Superior  Court,  or  with  such?'"'-  ""  '^ 
other  persons  as  the  Superior  Court  may  direct,  the  sum  found  by 
said  arbitrators,  to  be  held  subject  to  the  final  order  of  the  Court ; 
And  provided  further,  that  the  Judge  in  vocation  shall  have  the 
power  to  pass  the  proper  order  in  reference  to  depositing  the  mon- 
ey, so  as  not  to  hinder  the  progress  of  the  work,  until  a  regular 
term  of  the  Court. 

G.  Sec.  VI.  A/idbeit  further  enacted,  That  if  any  person  or  per  r.naityfor 
sons  shall  willfully  or  maliciously  destroy,  or  in  any  manner  dam- 1^'."  tompan- 
age,  or  injure,  or  obstruct,  or  shall  council,  aid  or  assist,  or  advise^'"  "'""'"■ 
any  person  or  persons,  in  any  manner  to  hurt,  damage,  injure,  or 
obstruct  any  part  of  said  Company's  works,  or  any  ap}>urtenances 
thereunto  belonging  or  appertaining,  such  person  or  persons  so  of- 
fending, shall  be  liable  to  be  indicted  for  a  misdemeanor  ;  and  on 
■conviction,  shall  be  fined  and  imprisoned,  or  either,  at  the  disores 
.tionof  the  Court. 

Assented  to  December  G,  ISGl. 

(No.  95.) 
.An  Act  to  incorporate  the   Turner  Mountain  Copi^er  Mining  Convpariy . 

7.  Section  I.    The    General    AKscmhhj  of  the    State  of   Georo;ia  do 
enact,  That  William  B.  Rutherford  and  James  P.  Payton,  and  such 
other  persons  as  they  may  hereafter  associate  with  them,  and  their  M-'^'ta""!'^ 
successors  and  assigns,  shall  be,  and  they  are  hereby   declared,  soimcLjZy 
soon  as  they  shall  organist  under  this  act,  a  body  corporate  and'"""^°™"^  " 
politic,  under  the  name  and  style  of  "The  Turner  Mountain  Cop- 
per  Mining  Company,"  for   the   purpose  of  mining  for   Copper, 
■Gold,  Silver,  or  other  valuable  minerals,  in  Luni})kin  county,  on 


100  PRIVATE  AND  LOCAL   LAWS— Corporations. 

Turner  Copper  Mining    Company. — Dalton  City    Company. 

anv  lands  they  may  now  own,  or  may  hereafter  acquire  either  by* 
purc-liase  or  lease,  with  the  privilege  of  erecting  any  machinery 
necessary  for  the  purpose  aforesaid  ;  and  in  their  corjiorate  name, 
powers  i^c.  havc  j^owcr  to  sue  or  be  sued,  answer  or  be  answered  unto,  in  anj"^ 
Court  of  law  or  equity  in  this  State,  having  jurisdiction  ;  and  shall 
Seal.  enjoy  perpetual  succession  ;  and  may  have  and  use  a  common  seal. 

By-laws.  and  altcr  the  same  at  pleasure  ;  and  may  make  all  by-laws,  rules 
and  regulations  they  may  deem  proper  tor  the  government  of  said 
Company  ;  Frovulcd,  the  same  are  not  inconsistent  with  the  consti- 
tution laws  of  Georgia  and  Constitution  and  laws  of  the  Confed- 
erate States  of  America. 

8.  Sec.  II.  And  it  is  ftirthcr  auictal.  That  said  Company,  by  its 
Company  corporatc  name,  shall  have  power  to  purchase,  own.  sell  and  con- 
"iTrMW-r  vey  any  projierty,  real  and  personal,  that  may  be  necessary  to  carry 

out  the  purpose  of  this  charter. 

9.  Sec.  III.  The  capital  stock  of  said  Company  slisill  be  five 
ftock%5oo,-  hundred  thousand  dollars;  which  stock  may  be  divided  into  such, 
sh'ares.        numbcrs  of  shares  as  two-thirds  of  said  Company  may  determine  at  a 

regular  meeting  of  such  Stockholders,  all  parties  at  interest  first 
pcrBonai  lia-  haviug  uoticc  of  thc  time  and  place  of  rHeeting  ;  and  the  Stock- 
stllcLCuiers  holderssliall  be  liable  j^ro  radi,  for  all  the  debts  of  said  Company 
company!'^    to  thc  amouut  of  stock  owned  by  them    respectively,  but  for   no 

greater  amount. 

10.  Sec  IV.  And  it  is  further  cnucud,  That  said  Company  shall 
cf'officeofco.keep   an  office  at  Dahlonega,  in  said  county   of  Lumpkin  ;  which. 

shall  be  considered  for  all  judicial  pur^ioses,  its  location. 
Sec.  V.  Repeals  conllicting  laws. 

Assented  to  December  17,  ISGl. 


(No.  96.) 

An  Act   to  amend  the  Charter  of  the  Dalian  City  Company,    approved' 
2Srd  of  February,  1850.* 

11.  Section  I.   The  General  Assembly  do  enact,  That  the  Dalton 

Lietof  stork- City  Company  be,  and  they  are  hereby  recjuired  to  make  out  and 

office"  to"  be  file  with  the  Clerk  of  the  Superior  Couit  of  Whitfield  county,  a  list 

fiied^iucrkV  of  their  Stockholders  and  ol'  their  officers,  on  or  before  the  first  day 

of  January  next,  and  on  or  before  the  first  day  of  January  in  each 

and  every  year  thereafter ;  which    said  list   shall  be  recorded  by 

said  Clerk  in  his  office. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  17,  ISGl. 

*  For  Act  incorpornting  Dalton  City  Company,  see  Acts  of  18-19-50,  p.  204. 


PRIVATE  AND   LOCAL  LAWS.— Counties. 


101 


Name  of  Cass  county  changed. 


TITLE  IV. 


COUNTIES. 


5ec.  I.  Name  of  tiie  county  of  Cass  chantjed  to- 
BAUTOVV. 
"  2.  Name  of  Casisville  changed  to  MANAS- 
SAS. 


Sec.  3.  Change  of  name  ofcounty  not  to  vitiate 
writs,  deeds,  &.C. 


(No.  97.) 

An  Act  to  chnigc  the  name  of  the  Cou?itij  rf  Cass,  in  this  State,  and  for 
otJtcr  iiurposcs  therein  mentioned. 

Whereas,  The  county  of  Cass,  in  this  State,  in  its  organization 
was  named  in  memory  of  Lewis  Cuss,  of  Micliigan;  and  the  said 
Lewis  Cassliaving  recently  shown  himself  inimical  to  the  South  by 
voluntary  donations  of  his  private  property  to  sustain  a  wicked  warPreamWe. 
upon  her  people,  and  by  utterance  of  sentiments  such  as  the  South 
must  be  subjugated,  the  Union  must  be  preserved;  and  has  there- 
by become  unworthy  of  the  honor  conferred  by  the  naming  of  said 
county;  ^And  Whereas,  deeming  it  the  duty,  it  is  always  the  pleas- 
ure of  a  brave  and  free  people  to  perpetuate  the  memory  of  those 
who  have  fallen  upon  the  Held  of  battle  in  defence  of  the  honor, 
rights  and  liberties  of  our  common  country,  and  by  their  noble  deeds 
and  self  sacrificing  devotion,  have  endeared  their  names  in  the  hearts 
of  the  present  generation.  We  should  in  some  measure  hand  down 
their  name  and  cause  tlieir  memory  to  live  evergreen  in  the  hearts 
of  succeeding  generations,  therefore, 

Section  I.  Be  it  cnacTcd,  That  from  and  after  the  passage  of  this  ^ho  name  or 
Act,  the  name  of  the  county  of  Cass  be,  and  the  same  is  hereby  [l'J"J'"h%c°d 
changed  to  the  name  of  Bartow,  in  honor  of  the  late  Colonel  Fran-B'^Vtow."*^ 
cis  S.  Bartow,  of  Chatham  county  of  this  State,  who  fell  at  the  bat- 
tle of  i\Ianassas  IMains,  galhuitly  leading  his  men,  on  the  21st  of 
July,  ISGl. 

Sec.  II.  Be  it  further  enaried,  That  the  name  of  Cassville,  the  pres-Namoofooun- 
ent  county  site  of  the  county  of  Cass,  be,  and  the  same  is  hereby  !.^  tolhanr 
changed  to  the  name  of  Manassas.  Manaseae. 

Sec.  III.  Beitjurthcr  enacted,  That  no  writ  or  process  of  ^'i"!  ^^^j,  ^  „f 
kind,  deed,  contract  or  agreement  in  said  county,  shall  be  vitiated  name  of 

,,.  •IT/-,  111  1  TJ  I'oiinty  not  to 

by  bemg  entitled  Cass  county;  but  tlie  same  may  be  amended  up- vitiate  wnu. 
Oil  motion  when  necessary,  without  any  delay  or  cost. 

Assented  to  December  6,  ISGL 


102 


PRIVATE  AND  LOCAL  LAWS.— County  Lines. 


Dooly  and  Macon— Clayton  and  Fulton. 


TITLE  V. 


COUNTY  LL\ES. 


Sec.  I.  Act  of  l~lh  December,  IStlO,  clinnphif; 

line   between    Clayton    and    Fnltou, 

amended. 

"  2.  Lot  No.  G5,  lltli  District  of orif,Mnnlly 

Henry  county  addi-d  to  Fulion  county, 


except  a  half  acre  lot  in   Kougb  and 
Heady. 
Sec.  3.  Lines  between  Sucr.ter  and  SdvJey  chan- 
ged. 


(No.  OS.) 

An  Act  to  alter  and  amend  An  Act  entitled  An  Act  to  change  and  alter 
^  the  county  lines  between  the  covnties  of  Doohj  and  Macon,  assented  ia 

December  17th,  ISGO;*  and  also  to  chancre  the  lines  between  the  coun- 
ties (f  Clayton  and  Fulton,  and  for  other  iiurposcs. 

1.  Section  I.  The  General  Assembly  of  the  State  of  Georgia  do  en- 
Art  of  I  MO,  ^^.,  That  tlie  words  "east  of  Hoi?  Creek,"  occurincr  in  the  first 
b.tw,.,ii       Section   of  the  above  recited  Act,  be,  aiul  the  same  are  hereby 

Claytou  and  '  i  ii 

f'-'to"?.        stricken  from  said  Act;  and  that,  in  lieu  thereof,  the  words  "all 

Northwest  of  the  East  bank  of  Hog  Crawl  Creek,"  be,  and  the 

same  are  hereby  inserted  in  said  Act,  and  shall  become  a  part  of  the 

same;  and  that  this  alteration  in  said  Act  shall  have  relation  to  the 

date  of  the  passage  and  approval  of  said  original  Act,  and  shall,  ta 

all  intents  and  purposes,  be  construed  and  treated  as  though  said 

original  Act  had  read  as  the  same  is  hereby  altered  and  amended. 

Lot  No.  66,        2.  Sec.  IL  Be  it  further  enacted,  That  lot  of  land  No.  65,  in  the 

originany      14th  Distrlct  of  originally  Henry,  now  Clayton  county,  be,  and  the 

"Fu7ton'!'!x''-same  is  hereby  atldetl  to  the  county  of  Fulton,  excepting  that  part 

air.- lot  iu"   of  said  lot  owne>>l  by  VV.  H.  Dearing,  bein^a  town  lot  in  the  town 

Rcudy.*'      of  Rough  and  Ready,  on  the  south  side  of  said  land  lot,  being  a 

square  of  one  half  acre,  which  is  to  remain  in  the  county  of  Clayton. 

See.  III.  Repeals  conflicting  laws. 

Assented  to  November  2o,  iSGl. 

For  thi.s  Act  see  ActH  of  18G0,  p.  l\-2. 


(No.  99.) 

An  Act  to  repeal  so  mncli  of  An  Act  assented  to  December  loth,  ]S59,  * 
as  includes  the  North  half  of  lot  of  land,  number  10,  in  the  '21  (h  Dis- 
trict of  Sumter  count])  in  the  county  of  Schley. 

3.  Section  I.   Be  it  enacted  by  the  General  Assembly  of  tlie  State  of 
•  esbp       Georgia,  That  so  much  of  An  Act  assented  to  December  15, 1859, 
tween  f^i'-' as  includcs  the  North  half  of  lot  of  land  Number  10,  in  the  27th 
chimged.'^  '^District  of  Sumter  county,  in  the  county  of  Schley,  it  being  the  resi- 
dence of  George  Dykes,  be,  and  the  same  is  hereby  repealed. 
Assented  to  December  11,  1861. 

"  Acts  of  1859,  p.  273. 


PRIVATE  AND  LOCAL  LAWS.— County  Regulations.      103 

Jury  fees  of  the   Superior  and  Inferior  Courts  in  Whitfield. 

TITLE    VI. 


COUNTY  REGULATIONS. 

Sec.  I.  Act  of  18th  February,  18.'>G,  amended  so  Sec.  7.  Nou-residents  of  State  not  to  drive  stock 
as  to  inchule  Whittielii  county.  I  into  Murray  and  Fauuin  counties  to 

"  2.  Clerk's  duties  as  to  jury  fee.s.     Duty  ofl  graze. 

County  Treasurer  as  to  jury  fees.  ''  P.  Penalty  for  so  doing. 

"  3.  Slierift' in  Ellxnt  cnunty  not  "to  be  paid      ''  9.  Fees  of  officers  acting  under  tiiis  Act. 
for  sununoning  tales  jurors  who  do  uotj  Sui-h  stock  maybe  levied  on  for  the 

forfeiture. 
"  10.  Public  sales  to  be  held  at  Court  House 

in  ^Muscogee  county. 
"  11.  Persons  prohibited  from  felling  timber 

in  Toccoah  river. 
"  1"J.  Ponalty  for  a  violation. 


serve. 

4.  Act  of  December  16,  18.57,  repealed. 

5.  Tiix  on  stock  of  non-residents,  in  Col- 

qnitt  count)-. 

6.  Such  stock  to  be  double  taxeil. 


(No.  100.) 

An  Act  to  extend  the  jyrovisi.ofis  of  An  Act  entitled  An  Act  to  regulate 
the  collection  of  Jury  fees  in  the  Superior  and  Inferior  Courts  of  the 
counties  of  Cou)cta,  Floyd-  and  Coss,  opproccd  Frbruanj  IS///,  1S56,* 
so  as  to  include  the  county  of  Whitfield,  and  to  add  another  Sectio?i  to 
irrovidefor  the  collection  of  the  same. 

1.  Section  I.  Be  it  enacted  by  the  General  Assemhhj  of  the  State  ^^^rt  ofimh 
Georsria,  That  the  provisions  of  the  above  recited  Act,  be,  and  the '■•'''•  ]^f- 
same  are  hereby  exrended  to  the  county  of  Wliitfield.  \U'itik-id'i*o 

2.  Sec.  II.  Be  it  further  enacted,  Tliat  it  shall  be  the  duty  of  the 

Clerk  of  the  Court  to  furnish  the  County  Treasurer  with  a  list  of  L to  jury"'^ 
the  cases  on  which  jury  fees  are  due,  within  ten  days  after  the  ad-  '"^*' 
journment  of  the  Court;  and  in  all  cases  of  appeal,  it  shall  be  the 
duty  of  the  Clerk  to  pay  over  the  amount  so  paid  in  on  appeals; 
and  it  shall  be  the  duty  of  the  County  Treasurer  to  call  on  the  Sher-Tre'sirrerM 
iff,  or  his  Deputy,  for  a  settlement  of  such  jury  fees  due  on  the  ca- '^"  •'"'^  **"" 
ses  in  his  hands;  and  on  failure  to  pay  over  the  same  if  collected, 
shall  be  subject  to  be  ruled  and  pay  four  fold  the  amount  so  collec- 
ted and  retained ;  and  it  is  hereby  made  the  duty  of  the  County 
Treasurer  to  call  lor  a  settlement  of  all  such  jury  fees,  and  to  rule 
the  officer  collecting  or  failing  to  collect  the  same,  as  in  other  cases 
of  rules,  either  in  term  time  or  vacation. 
Assented  to  December  11,  ISGl. 

•  See  Acts  of  1855,  6.  p.  487. 

(No.   101.) 

An  Act  to  amend  An  Act  etititled  An  Act  to  compensate  the  Sheriffs  of 
Burke,  Elbert  and  DeKalb  counties,  for  their  services  in  summoning 
Grand  and  Petit  Jurors  in  said  counties  respectively,  assented,  to  De- 
cember 23,  1836.* 

3.  Section  I.    The  General  Assembly  of  the  State  of  Georgia  do  en- 
aci,  That  the  Act  named  in  the  title  hereof,  shall  not  be  so  con- 

•  Acta  of  1836,  Pamphlet,  p.  25i. 


104      PRIVATE  AND  LOCAL  LAWS.— County  Regulations. 

.    Deuatar — Ccdc^iitt — Alurray  and  Fannin.    . 


I^bert^'^onn-Strued  as  to  compensate  the  Sherid'ot'  Elbert  county  for  summoning 
p^in.^JlTm- as  tales  jurors,  persons  who  do  not  actually  serve  as  jurors  upon  the 
jurorawho'*^  trial  of  any  case  or  cases  in  the  Courts  of  said  county  of  Elbert. 
do  not  serve.       gg^^  IL' Repeals  connicting  laws. 
Assented  to  December  17,  ISGl. 

(Xo.   10-J.) 

Aji  Act  to  repeal  An  Act.  entitled  An  Act  to  authorize  ami  require  the 
Justices  of  the  Inferior  Court  of  Decatur  county  to  order  the  jfcil/mcnt 
of  the  Superintendents,  Clrrlis  and  those  who  consolidate  returns  of  elec- 
tions of  said  county,  for  their  services,  assented  to  Dectmbtr  IG,  lS-57.* 

Actofifi  4.  Section  I.    The   General  Assemhbi  of  the  State  of  Georgia  do  en- 

Dec.  lR.i7  J     J  -'  O 

tep^ea.      act.  That  from  and  after  the  passage  of  this  Act,  the  above  recited 
Act  be,  and  the  same  is  hereby  repealed. 
Assented  to  December  17th,  ISGl. 

•See  Actsof  1S.57,  p.  219. 

(No.  103.) 

An  Act  to  compel  non-residents  to  pay  tax  on  Cattle  and  Sheep  running 
and  grazing  in  the  county  of  Co/quitt. 

5.  Section  I.   Be  it  enacted  by  the   General  Assembly  of  Georgia, 
That  irom  and  after  the  passage  of  this  Act,  persons  non-residents 
_'i;l"'°^' of  Colquitt  county,  owning  and  having  Cattle  and  Sheep  running 
fo^'r'paidiu ii»id  grazing  in  said  county,  shall  give  in,  and  pay  tux  therein  upon 
Huidcu.        such^Cattle  and  Sheep. 

siiciirattie     •    ^'  '^^^-  II-  ^'"^  ^-'  if.f"'thcr  enacted,  That  any  person  or  persons 
donbiu" taxed f'^^i'i©  ^''  I'^'fusiiig  to  coiuply  With  this  Act,  shall  be  double  taxed  ; 
ifnot  givcu    and  the  same  collected  as  now  prescribed  by  law  under  the  general 
tax  law. 

Soc.  IIL  All  conflicting  laws  repealed. 
Assented  to  December  17,  ISGl. 

(No.   101.) 

An  Act  to  yrcvent  citizens  of  other  States  from  driring  Cattle  or  other 
stoch,  into  the  counties  (f  Murray  and  Fannin,  in  the  State  (f  Georgia, 
for  the  purpose  <f  grazing,  and  to  punish  for  the  same. 

7.  Section  I.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Georgia,  That  from  and  after  the  passage  of  this  Act,  it  shall  not 

iloVnrray  bc  lawful  for  auy  person  or  persons  being  citizens  of  other  States, 
couS,"to  to  drive  cattle  or  sheep,  or  other  stock,  into  said  counties,  for  the 
*"^'  purpose  of  grazing. 

8.  Sec.  li.  A?id  be  it  further  enacted,  That  if  any  person  or  per- 
sons shall  violate  the  provisions  of  this  Act,  he  shall  forfeit  and 

Ponaitj.  p.^y  ^]jg  gmjj  of  two  dolUirs  per  head,  for  each  animal  he  may  bring 
thereto  for  the  purposes  aforesaid,  to  be  collected  by  any  Court 
having  jurisdiction  of  the  same;  said  money  when  collected  to  be 


Tax  on  cattle 
beloDKiniito 
uoii-resident 
grazii 


Non-Te«i- 
dentaof  tliin 
State  not  to 


PRIVATE  AND  LOCAL    LAWS.— County  Regulations.       105 

Muscogee — Fannin. 

j^aid  into  the  Count)^  Treasury  were  such  stock  may  be  driven,  to 
be  applied  to  county  purposes. 

9.  Sec.  III.  Be  ll  further  enacted,  That  the  officers  of  Court  shall  Fees  of  os- 
have  the  same  fees  as  in  other  cases ;  and  also  shall  have  power  to 

levy  on  snid  stock  until  the  monies  are  paid.  wied  upon. 

Sec.  IV.  Repeals  conflicting  laws. 
Assented  to  December  14,  ISGl. 

(No.  105.) 

An  Act  to  (lesl ornate  the  place  <>f  holding  sales  hy  Sheriffs,  Coroners,  Ex- 
ecutors, Administrators,  Guardians  and  Trustees,  i)i  the  Counttj  of 
Muscogee. 

10.  Section  I.   The  General  Assemhhi  of  the  State  of  Georgia  do  en- 

J    J  .'  o  Pnblir  sales 

act.  That  in  future  all  sales  by  Sheriffs,  Coroners,  Executors,  Ad-i"'»-hpidat 
ministrators,  Guardians.  Trustees,  and  other  fiduciary  agents,  in  thei"'  Mi.Bcogee 
county  of  ^Muscogee,  shall  be  held  and  conducted  at  the  Court- 
house in  said  county.* 

Sec.  11.  Repeals  conflicting  laws. 

Assented  to  December  11,  ISGl. 

"  By  Act  (>f  UUh  December,  H47,  ii  was  maile  tlie  duty  of  Executors,  Ailministvntors  and 
Guan\iaiis,  to  ImM  their  snles  at  the  JIarket  House,  in  Columlms,  instead  of  at  the  Court-liousc. 
Sec  Acts  of  1817,  Pamplilet,  p.  19. 

(i\o.  lOG.) 

An  Act  to  yrcvent  any  person  or  jnr  so /is  from  felling  in  timbers  or  otherwise 
obstructing  the  current  of  Toccoah  river  in  the  county  of  Fannin,  and 
to  punish  ofendcrsfor  the  same. 


iTBonB    pro- 
,  liibitcd     from 


11.  Section  I.  Be  it  enacted.  That  from  and  after  the  passage  of  p,,r 
this  Act,  it  shall  not  be  lawful  for  any  person  or  persons,  to  fell  or  j'.liHj'iftiX"^ 
throw  any  timber  in  Toccoah  river  in  the  county  of  Fannin,  so  as  i'^Ji J^.;!;''"'''' 
to  cause  drifts  in  said  river. 

12.  Sec.  II.  And  be  it  further  enacted,  by  the  authority  (foresaid,  Th-at 

any  person  who  may  hereafter  violate  the  provisions  of  the  first  Penalty  for 
Section  of  this  Act,  shall  be  liable  to  pay  the  sum  of  twenty  dol-^'""'""" 
lars  ;  to  be  collected  before  any  magistrate  in  said  county  ;  one  half 
to  go  to  the  person  suing  for  the  same,  and  the  other  half  to  go  into 
the  County  Treasury. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  11,  ISGl. 


106  PRIVATE  AND  L(3CAL  LAWS.— Education. 


Ord'y.of  Brooks  may  drawbal.  educational  fund  for  1860. — J   II.  Wyly  may  draw  fund  for  Habersham. 

TITLE  Vn. 


Preamble. 


EDUCATION. 

Sec.  I,  Arrenrnpes  of  Sdioul  Fimil  due  Bropks'Sec.  3.  Fue.xpcnded  Ijalnncp  of  School  Fund  of 

county  for  ISCili,  tn  ))e  deducted  frouij  Toiviis  county  to  be  turned  over   to 

general  fund  (if  1S{;|.  [  Relief  C'oinn\ittPc  of  Towns  county. 

"  2.  School  Fund  dui-  Iliiliersbam  county  to,     "  -1.  Orditiury  of  Wliiti-   comity  required  to 

be  drfiwu  by  John  H.  Wyly.  '  pay  to  C'.  H.  Kytlo  $3.0,"  for  teaching 

l)oori;liildren  in  1858. 

(No.  107.) 

An  Atl  to  authorize  the' Or^mry  of  Broohs  count ij  to  drcnv  a  balance  of 
the  EducatioridJ  fund  dim  'said  county  for  tJic  year  ISGO. 

Whereas,  The  Ordinary  of  Brooks  county  was  undor  duress  a 
portion  of  the  year  18(50,  in  conscMjuence  of  his  p.xposure  to  Small- 
po.x,  by  reason  of  which  liis  Deputy  was  conipelled  to  attend  to  the 
duties  of  the  oflice;  And  Whereas,  said  Deputy  being  inexperien- 
ced failed  to  make  a  correct  return  of  the  number  of  chikh-en  in 
said  county,  by  reason  of  which  failure  the  county  was  deprived  of 
its  pro  rata  share  of  the  educational  fund,  therefore, 

1.  Section  I.  The  (ieneral  Assembly  do  enact,  That  tlie  balance 
w"ooTfund"'^due  the  said  county  of  Brooks  for  the  year  1862,  out  of  the  educa- 
Bro'oT"co,m-tional  fund,  be  set  apart  I'rom  said  fund  for  the  year  1S61,  before 
fjjmti^i''ru'i''the  apportionment  and  division  of  said  fund  of  1861  ;  and  that  his 
:uudoi  isGi.  j^xcellency,  the  Governor,  be  authorized  to  draw  his  warrant  on  the 
Treasury  in  favor  of  the  Ordinary  of  Brooks  county  for  the  balance 
thus  due. 

Assented  to  November  22,  1761. 

(No.  108.) 

An  Act  to  authorize  John  II.  IVyly  to  draw  the  Educational  fund  of 
Habersham  county,  and  pay  the  same  to  the  Board  of  Education  oj 
said  county. 


Preamble. 


Whereas,  The  Ordinary  of  Habersham  county,  is  absent  from 
said  county  in  the  military  service  of  the  Confederate  States  : 
2.  Section  I.   The  General  Assembly  do  enact,  That  John  II.  Wy- 
schooifund   ly  \yQ   aud  hc  is  hercbv  authorized  to  draw  the  P^ducational  fund  of 

duo  Haber-      ,t    ,  ,  "^  t  ,  j^       j.i 

Bham  county  Habershaiu  countv  for  the  vear  1861,  and  pay  the  same  to  the 

to  bf  drawu  J  J  '  I      J  , 

hv  JoimH.   Board  of  Education  of  said  county  ;  and  the  State  Treasurer  is  here- 
by authorized  and  required  to  pay  the  same  to  the  said  John  H. 
Wyly,  and  take  his  receipt  therefor. 
Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  13,  1S61. 


nd  of 
8  coun- 
lie  tiirn- 


Com- 


PRIVATE  AND  LOCAL  LAWS— Executors,  Admlmstrators,  &c.  107 

Balance  of  Edacational  fund  of  Towns  co. — C.  H.  Kytle. — Chas.   H.  Johneon,  Admr. 

'  (No.  109.)  — — 

Aji  Act  to  authorize  the   Ordinary  of  Towns  county  to  turn  over  to  the 

Chairman  of  the  Relief  Committee  of  said  comity,  a  balance  of  Ednca- 

tional  funds  in  his  hands,  after  paying  certain  accovnts. 

3.  Section  I.    The  State  of  Geora-ia  in   General  Assemhlii  met  do ,, 
enact,  That  the  Ordinary  of"  Towns  county,  after  paying  all  the^ai«°j^of 
lesral  claims  of  Teachers  for  schools  already  taucrht,  and  after  retain- Town 

O         ^  ,  .        .  ^  *-  O         '  ty  to  l-^  I, 

inff  his  lawful  commission,  be  authorized  to  iiay  over  the  balance  of^^j'^'i'-to 

o  ^  ^  '         _  I      J  Relief  Coi 

the  Educational  fund  belon^iuff  to  said  count v,  to  S.  Y.  Jameson,  ">'"•■"  of 
chairman  ot  a  Iteuei  Lommittee  oi  said  county,  or  his  successor,  to  fy- 
be  expended  as  said  Committee  may  deem  proper,  for  the  benefit  of 
Volunte(>rs  and  their  families. 

Sec.  IL  Repeals  conflicting  laws. 

Assented  to  December  17,  ISGl. 

(No.  110.) 

An  Act  to  authorize  the  Ordinary  of  White  county  to  pay  C.  II.  Kytle 
for  tea chiug  poor  child) en  in  said  count >/  of  JVIiite, 

4.  Section  L  Be  it  enacted.  That  the  Ordinary  of  White  county  ordinary  of 
be,  and  he  is  hereby  authorized  and  required,  before  paying  mon('ytT«q»ired"to 
on  any  other  account,  to  pay  C.  H.  Kytle  the  sum  of  thirty-five K^tu-^k 
dollars,  out  of  the  public  school  fund  of  said  county,  for  teaching  pJor'oMdfcn 
poor  children  in  said  county  for  the  year  1S5S.  '"^^^^■ 

Assented  to  December  17,  186 1. 

Note.— For  Act  nuUiorizinsr  Moses  Fornby,  a  school  teacher  in  Floyd  county,  to  make  re- 
turu  to  the  Ordiunry  ofsaiil  county  of  poor  children  taught  by  him  in  1861,  and  requiring  him 
to  be  paid,  see  Act  No.  I'J},  Title  Relief. 


TITLE  VIII. 


EXECUTORS,  ADMINISTRATORS,  ORDINARIES,  &C. 

Sec.I.  Sale  of  lands  of  estate  of  Geo.   DHgan,'Sec.  6.  Said  Executor  may  be  innde  jjurty  to 
deceased.  ^  .   .        1  suits  pending  against  testator,  by  .s'c/ve 


2.  Sale  of  lands  of  estate  of  Wm.  William 

sou,  deceasi'd,  of  Harris  county. 

3.  Ordinary  of  Dt-Kalb  county  may  grant 

letters  of  Administration  on  estate  ot 
Thomas  II.  Chivers  to  IlanietE.  Chi- 
vers,  without  requiring  bond,     . 

4.  Ordinary  may  dismiss  her  from  said  Ad- 

istration  incase  of  her  mismanagement 
of  the  estate. 

5.  Wm.  R.  Taylor,  of  Florida,  may  have 

letters  testamentary  under  will  of  II. 
L.  Taylor,  late  of  Randolph  county, 
deceased.  He  must  give  bond  and  se- 
curity. 


fmnriK.    Service  how  perfected.'  Costs 
of  publication. 

7.  Said  Executor  not  to  remove  any  of  the 

property  of  the  estate  out  of  Georgia. 

8.  Acts  of  G.  J.  Green,  Clerk  of  Ordinary 

of  Spalding  county,  legalized. 

9.  Acts  of  Miciijah  Estes,  Clerk  of  Ordina- 

ry of  Brooks  county,  legalized. 


(No.  311.) 
An  Act  to  authorize  Charles  H.  Johnson,  an  Administrator  on  the  estate 
of  George  Dugan,  late  of  Spalding  county,  to  sell  the  lands  of  said  e*- 
tate,  on  the  first  Tuesday  in  December  next. 
Whereas,  From  the  lateness  of  the  day  on  which  the  order  to 


108  PRIVATE  AND  LOCAL  LAWS.— Executors,  Administrators,  &c. 

Adm'r.   of  the  late  William  Williamaom. — fit<tafce  of  Tbomse  H.  Obivers. 

sell  the  lands  of  George  Dugan  deceased,  was  granted  to  Charles  H. 
Preamble,  jghnson,  Administrator,  it  is  impossible  to  advertise  the  length  of 
time  now  required  by  law,  so  as  to  sell  said  lauds  ou  the  lirst  Tues- 
day iu  DctH'inber  next ;  A/id  Whereas,  It  is  important  to  said  estate 
that  said  lands  be  tiien  sold,  for  remedy  whereof, 

1.  Section  I.  Be  it  thcnfore  enacted^  i^'c.  Tiiat  Charles  H.  John- 
saieofiand.  ^*^'^'  of  Spalding  couuty,  administrator  of  said  George  Dugan,  late 
beioiigiusto  of  said  county  deceased,  be,  and  he  is  hereby  authori7-ed  to  sell  the 

e<itate  of  Geo.         .,,•'.  .  .  • 

DugaD.de-     said  lands  belouiringto  said  estate  situated  in  Si^auldins:  county,  on 

ceased.  ~     .~  i  ~  •> 

the  first  Tuesday  in  December  next;  and  make  titles  to  the  same, 
as  though  the  sale  had  been  advertised  the  length  of  time  now  re- 
quired by  law  ;  Provided,  a  notice  of  said  sale  be  published  in  one 
of  the  Griffin  papers  from  the  time  of  the  passage  of  this  Act, 
weekly,  until  the  sale. 

Assented  to  November  20,  1S6L 

(No.  112.) 

A7i  Act  to  aut/iorize  the  Administrator  of  the  late  William  Williamson  of 
the  county  of  Harris,  to  sell  all  the  lands  of  the  estate  of  the  said  JJ  illiani 
Williamson,  lying  and,  being  in  the  counties  of  Harris  and  Talbot,  at 
the  Court-house  in  the  coinity  of  Harris. 

2.  Section  I.  The  General  Assembly  (f  the  State  of  Georgia  do  cn- 
saieoMandg  ^^f,  That  froui  aud  after  the  passage  of  this  Act,  the  Administrator 

ofebtateof  '  i  O  ' 

of  the  estate  of  the  late  William  Williamson,  ot  Harris  county,  be, 
and  he  is  hereby  authorized  to  sell  all  the  lands  of  said  estate  lying 
or  being  situate  in  the  counties  of  Harris  and  Talbot,  at  tiie  Court- 
House  of  the  county  of  Harris,  on  the  tirst  Tuesday  in  January 
uext;  Froridcd,  said  sale  has  been,  at  the  time  of  sale,  advertised 
the  length  of  time  now  required  by  law  for  Administrators'  sales, 
and  that  all  other  legal  re(|uirements  be  complied  with  ;  any  law 
to  the  contrary  notwithstanding. 
Assented  to  "November  22>,  1861. 


Win.  Wil- 
liaiQBOU,  de- 
ceased, of 
Harris  co. 


Preamble. 


(No.  113.) 

An  Act  to  authorize  the  Ordinary  of  DcKalb  county  to  grant  letters  of 
administration,  with  the  will  anjicxcd,  on  the  estate  of  Thomas  H.  Chi- 
vers,  late  of  said  county,  deceased,  to  Harriet  E.  Chi  vers  without  the 
necessity  of  her  giving  bond  and  security. 

Whereas,  The  Executor  of  the  last  will  and  testament  of  Thom- 
as H.  Chivers,  late  of  DeKalb  county  deceased,  since  his  qualifica- 
tion as  Executor  aforesaid,  has  died  ;  And  JJ'hercas,  the  Clerks  of 
the  Superior  and  Inferior  Courts  of  said  county  have  refused  under 
the  appointment  of  the  Ordinary  of  said  county,  to  accept  the  ad- 
ministration of  said  estate,  and  [to"?]  give  bond  and  security  usual 
in  cases  of  administration,  and  the  Ordinary  of  said  county  has  been 
unable  to  find  any  other  fit  and  proper  person  who  would  accept 


PRIVATE  AND  LOCAL  LAWS.— Executors,  Administrators,  &c.  109 


Wm.  B.  Taylor,   Ex'r. 


said  administration,  leaving  said  estate  without  any  legal  represen- 
tative, much  to  the  injury  of  the  same,  and  inconvenience  to  the 
legatees  and  creditors  of  said  Thomas  H.  Chivers  ;  therefore, 

3.  Section  L  Be  it  enacted,  That  the  Ordinary  of  DeKalb  coun-OeKaroa 
ty  be  authorized  and  empowered  to  grant  letters  of  administration "ors^ot'ad-''''' 
with  the  will  annexed,  on  the  estate  of  Thomas  H.  Chivers,  late  ofm^'^es'atoo" 
said  county  deceased,  to  Harriet  E.  Chivers,  the  widow  of  said  rluTr/ 1^" 
Thomas  H.  Chivers,  without  requiring  of  her  the  bond  and  securi-ciHylre,^' 
ty  required  by  the  Statute  in  cases  of  Administration.  qLi'iiing'bcrud. 

4.  Sec.  II.  Br  it  further  enacted.  That  it  shtill  be  the  duty  of  the  ordinary 
Ordinary  of  DeKalb  county  to  require  the  said  Harriet  E.  Chivers S-mnaid 
to  make  lier  annual  returns  as  administratrix  upon  said  estate ;  anduouTrl^'or 
should  it  appear  by  said  returns,  or  otherwise,  that  the  said  estate 'Zur"''^''" 
is  not  being  properly  managed  by  said  Administratrix,  and  the  in- 
terest and  safety  of  the  same  are  being  jeopardized,  he  shall,  upon 

his  own  motion,  discharge  the  said  Harriet  E.  Chivers  from  said 
administration. 
Assented  to  December  3,  1S6L 

(No.   114.) 

An  Act  to  relieve  William  B.  Taijlor,  of  the  State  of  Florida,  nominated 
Executor  of  Henry  L.  Taylor,  deceased,  from  legal  disability  on  ac- 
count of  I  us  II  on- residence,  and  for  otlter  imr poses. 

Whereas,  Henry  L.  Taylor,  late  of  Randolph  county,  in  the 
State  of  Greorgia,  departed  this  life  leaving  a  last  will  and  testament  pr.amwe. 
executed  according  to  law,  nominating  thereby  AVilliam  B.  Taylor, 
of  the  State  of  Florida,  as  Executor  ;  And  Whereas,  it  is  greatly  de- 
sired by  the  surviving  family  of  said  deceased,  that  the  said  nomi- 
nated Executor  shall  prove  said  will  and  receive  letters  testamen- 
tary in  the  premises  : 

5.  Section  I.  Be  it  therefore  enacted,  That  the  said  William  B. 
Taylor  be,  and  he  is  hereby  relieved  from  all  legal  disability  result-Tayior^aUow- 
ing  from  his  non-residence;  and  that  he  be,  and  is  hereby  authoriz-u^uersTesta- 
ed  to  prove  the  said  will;  to  receive  from  the  Ordinary  of  said  county  a"  r"vufoT" 
of  Randolph,  who  is  hereby  required  to  grant  the  same,  letters  tes-Tayidr  de- 
tamentary,  in  the  premises;  and  to  do  any  and  all  things  appertain- liaudoipTw^ 
ing  to  the  execution  of  said  will,  in  as  ample  a  manner  as  he  could 

do  if  he  were  a  citizen  of  this  State;  Frovidrd,  the  said  William  B.givrbondaitd 
Taylor  shall  give  bond  and  security  residing  in  the  county  of  Ran- '""'""*^' 
dolph,  in  double  the  amount  of  property  belonging  to  said  estate, 
as  in  the  case  of  Administrators  in  this  State. 

6.  Sec.  II.  Be  if  further  enacted  hy  the  authority  aforesaid,  That  Wm. 

B,  Taylor,  Executor  aforesaid,  nuiy  be  made  a  party  to  any  suits  atn^'y  h^madr 
law  or  in  equity  instituted  against  the  said  Henry  L.  Taylor  in  hisLuTpeuding 
lifetime,  by  scire  facias  to  be  directed  to  said  Executor,  his  agent  ortor^by'sciro'' 
Attorney  at  law   or  in  fact,  which  shall  be  served  on  said  Execu-*^"'""" 
tor,  his  agent,  attorney  at  law  or  in  tlict,  as  the  case  may  be,  if  to 
be  found  in  the  county  of  Randolph,  by  the  Sheriff  of  said  county; 


110  PRIVATE  AND  LOCAL  LAWS.— Executors,  Administrators,  &c. 

Clerk  of  the  Ordinary  of  Spalding  county. 

and  in  case  the  said  Executor,  his  agent,  attorney  at  law  or  in  fact, 
or  either  of  thein,  are  not  to  bo  found  in  said  county,  then  service 

^J^tei*'' '^J'"'}'  bo  perfected  by  giving  tliirty  days  notice  in  any  public  gazette 
published  in  said  county  ot  Kandolpii,  previous  to  the  sitting  of 
the  Courts  to  which  such  suit  or  other  proceeding  may  be  return- 
able;  and  if  no  such  gazettee  is  published  in  said  county,  it  shall 
be  deemed  a  compliance  with  tiiis  Act,  to  publish  the  same  many 

Cost!  of  pub- gazette  in  any  adioining  county  iii  this  State  ;  the  cost  of  said  pub- 
lication  and  service  to  be  taxed  against  said  Lxecutor. 

7.  Sec.  in.  Provided,  That  nothing  herein  contained,  shall  be  so 

Executor  not  coustrupd  as  to  autliorizc  the  said  William  B.  Taylor,   Executor  as 

to  rtfUioTO  1  ..  L        c    J^^  j.  L        \  -iti  t 

property  of    aiorosaid,  to  remove  any  part  ot  the  estate  ot  tlie  said  lienry  L. 

estate  out  of  ■*■  .  .  * 

Georgia.       Taylor,  deceiised,  beyond  the  limits  of  this  State. 
Sec.  IV.  Repeals  conflicting  laws. 

Assented  to  December  17th,  ISGl. 


(No.  115.) 

An  Act  lo  legalize  the  iirocecdings  of  G.  J.  Green,  Cleric  oj  the  Ordinary 
of  Spalding  countij. 

Whereas,  John  D.  Stewart,  Ordinary  of  and  for  the  county  of 
Spalding,  appointed  G.  J.  Green,  his  Clerk  of  Ordinar3s  and  the 
said  Green  performed  all  the  duties  of  said  office  from  the  first  Mon- 
dajMU  July  of  the  present  year,  up  to  the  first  AJonday  in  October 
of  the  present  year,  which  was  during  the  absence  of  the  said  John 
D.  Stewart,  in  the  volunteer  service  of  the  Confederate  States;  And 
Whereas,  there  is  some  doubt  as  to  the  legality  of  said  proceedings; 
for  remedy  whereof: 

8.  Section  I.  Be  it  enacted  by  the  General  Asscnihly  of  the  State  of 

or"u,'  dJk  Georgia,  That  all  the  proceedings  had  before  G.  J.  Green,  as  Clerk. 

of%i'E  of  the  Court  of  Ordinary,  in  the  county  of  Spalding,  be  held  and 

ued"'''^"^"'" adjudged  to  be  legal  and  binding  as  though  the  same  proceedings 

had  been  had  before  John  D.  Stewart,  the  legally  commissioned 

Ordinary  for  said  county.* 

*  Note-— There  seems  to  exist  in  tlie  iniiula  of  many  of  the  Ordinaries  and  Deputy  Clerks  of 
Ordinary  tliroujjliont  the  State,  very  erroneous  ideas  of  the  respective  powers  and  duties  of 
tliose  oflicers.  This  has  arisen  from  two  causes;  1st,  a  too  inattentive  readinj;  of  the  amend- 
ment adopted  in  185'J  to  the  ohl  Constitution  ;  and  tJnd,  the  aml)ij?uons  woiding  of  tlie  Act  pass- 
ed in  the  same  year,  to  carry  that  amendment  into  etfect  ity  or^ranizing  the  Court  of  Ordinary 
utider  it.  That  amendment,  wliich,  with  very  slijjht  modifications,  has  l)een  incorporated  io, 
and  forms  a  part  of  the  new  Constitution,  is  in  tiie  toliowinj^  ianj^uage,  lo-wit : 

"The  powers  of  a  Court  of  Ordinary  or  Register  of  Probates,  shall  Ije  vested  in  an  Ordinary 
for  each  county,  from  whose  decisions  there  may  be  an  appeal  tothe  Superior  Court,  undersucli 
restrictions  and  regulations  as  may  be,  or  may  have  been  ])rescrii)ed  by  law.  The  said  Ordi- 
nary .-liall  be  (X  o/flrio  Clerls  of  said  Court,  and  may  appoint  a  I)ei)iity  Clerk.  Tlie  Ordinary, 
as  Clerk,  or  his  D.'puty,  may  issue  Citalions  and  grant  Temporary  Letters  of  Administration,  to 
hold  until  permanent  Letters  are  granted  ;  and  said  Ordinary,  as  Clerk,  or  his  D(;puty,  may  grant 
Jlarriage  Licenses.  The  Ordinaries  in  and  tor  the  respective  counties,  shall  be  elected  as  otli- 
er  County  OtHcers  are,  on  the  tirst  Monday  in  January,  Eighteen  Hundred  and  Fifty-Two,  and 
every  fouitii  year  tJiereafter,  and  shall  be  commissioned  by  the  Governor  for  the  term  of  four 
years ;  in  case  of  a  vacancy  in  said  office  of  Ordinary,  from  any  cause,  the  same  shall  be  filled 


Preamble. 


Acts  of  G.  J. 


PRIVATE  AND  LOCAL  LAWS.— Executors,  Administrators,  &c.  Ill 

Clerk  of    Ordinary  of  Spalding    county. 


9.  Sec.  II.  And  he  it  further  enacted ,  That  the  acts  of  Macajah^.tsofMi- 
Estes,  Deputy  Clerk  of  the  Court  of  Ordinary  of  Banks  county,  J^i'^'i'^^.^';;! 
from  the  tirst  of  May  hxst  to  the  present  time,  in  the  absence  of g .""^^ "^f^^.^ 
Elisha  Headen,  the  Ordinary  of  said  county,  in  the  military  service '^ ''=*"='''''• 
of  the  Confederate  States,  be,  and  the  same  are  hereby  made  letjal 
and  binding  as  though  the  same  had  been   had  before  the  legally 
commissioned  Ordinary  of  said  county  of  Jianks. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  17,  ISGl. 


hy  election,  ns  is  provided  in  relation  to  other  Comity  Officers,  und  until  tlie  same  is  filled,  the 
Clerk  of  the  Superior  Court  for  the  time  btiug,  !<liall  net  us  Clerk  of  said  Court  of  Ordiniuy." 

By  a  careful  reading  of  the  above,  it  will  be  seen,  that  fliere  is  no  such  officer  us  '■  Deputy  Or- 
dinary" Tlie  Ordinary  is,f.;-  officio,  "Clerk  of  Ordinary;'  and  may  have  a  "  J)eputy  Clerk  of 
Ordinary,"  but  cannot  have  a  "  D.^puty  Ordinary."  Tlie  Ordinary,  as  siicli,  may  do  certain 
Acts,  among  whicli  are  all  the.  J iidici a/  acts  performed  by  the  Court ;  and  the  power  to  perform 
these  acts,  he  cannot  delegate  to  another;  tirst,  because  the  Constitution  does  nut  autlmrize  him 
to  do  so;  and  second,  because  it  is  an  established  principle  of  the  common  law,  that  jii  did /if 
powers  cannot  be  <lelegated.  As  ex  officio  (."lerk,  the  incumbent  of  the  oHlce  of  Ordinary,  may 
do  certain  acts  enumerated  in  the  Constitution,  viz.:  "  may  issue  citations,  snd  grant  tempora- 
ry letters  of  administration  to  liold  until  permanentlelters'are  granted  ;"  and  "  niiiy  grant  mar- 
riage licenses."  The  same  acts  may  be  performed  by  the  "  Deputj  Clerk  of  Ordinary,"  but  no 
others;  for  instance,  the  jierson  wiio  iiolds  the  otFice  of  Ordinary,  and  by  tlie  Constitution  and 
laws  is  authorized  to  perform  all  the  ./«</«  in/  dii/n's  of  the  olliee,  wlieii  acting  as  Clerk  of  Court 
cannot  issue  permanent  h'lters  of  administration,  nor  admit  a  will  to  probate,  nor  grant  an  order 
to  sell  land  or  negroes,  nor  sit  upon  .and  decide  any  i.-sue  in  the  Court  of  Ordinary,  any  more 

thau  a  Clerk  of  the  Superior  Court  Could  do  the  judicial  duties  of  the  Judge  of  that  Court. 

These  acts  can  be  done  by  him  only  when  acting  as  Ordinary,  that  is,  wlieu  sitting  as  a  Jud^je 
of  his  Court,  at  a  regular  term. 

If  the  Ordinary  die,  or  resign,  the  "  Deputy  Clerk  of  Ordinary,"  if  he  had  one,  ceases  to  bo 
such,  both  in  aecordauee  witu  that  priueiple  of  the  oomuion  law  which  ilechires  tliat,  on  the 
death  ofa  principal,  the  agent,  or  deputy,  loses  liis  powers  to  act  as  such,  aud  because  it  is  e.x- 
pressly  provided  iu  the  last  clause  of  said  amendment,  that  in  case  yf  a.  vacancy  in  the  office  of 
Ordinary,  "  until  the  same  is  filled,  the  Clerk  of  the  Superior  Court  for  the  time  being,  shall  act 
as  said  Clerk  of  Oi'dinary."'  When  a  Clerk  of  the  Supeiior  Court,  in  this  way,  becomes  'Clerk 
of  Ordinary,"  iie  can  as  such,  do  those  acta  only  which  the  Onlinary,  had  there  been  no  vacan- 
cy, as  "  Clerk  of  Oidiuary,"  or  his  "  Deputy  Clerk  of  Ordinary,"  could  have  done,  and  no  ethers. 

From  the  ambiijuous  language  of  parts  of  the  Act  of  January  i2l ,  ISo'J,  [Laws  of  1861-2,  p. 
91.]  it  is  not  surprising  that  the  iuipression  has  been  made  upon  minds  not  accustomed  to  the 
close  scrutiny,  nor  possessing  the  legal  acumen  of  the  thorough  bred  lawyer,  that  lher(!.is  such 
an  officer  as  "  Deputy  Ordinary."  In  the  HtJi  Section  of  the  Act,  after  inoviiling  that  I  he  Ordi- 
nary "shall  give  bond  and  security,  iu  the  sum  of  two  thousand  dollars,  lor  tlic  faithlul  ilischnr"-e 
of  Ids  duties  as  a  Cleik,"  it  is  enacted,  that  "  said  tjrdinary  shall  have  power  to  take  bond  aud 
security,  from  his  Deputy,  for  tln^  faitiiful  performance  v(  his  duty  as  such."  This  latter  clause 
is  calculated  to  mislead  the  mind  aud  to  leave  the  impression  upon  it,  tiiat  the  bond  is  to  be  ta- 
ken ofa  Deputy  Ordinary,  whereas  the  intention  was  to  authorize  a  bond  to  be  given  by  the 
"  Deputy  Clerk  of  Ordinary."  Again,  in  tlie  next  section,  after  prescribing  the  ofiieial  oath  to 
betaken  by  each  Ordinary,  (not  merely  as  Clerk  of  Ordinary,  for  no  separate  oath  is  required 
of  him  as  such,)  it  is  provided,  that  "  each  and  every  deputy  appointed  under  the  provisions  of 
this  Act,  shall  take  aud  aubscribo  a  similar  oath."  If  he  does  "take  and  subscribe  a  similar 
oath,"  he  swears  that  he  will  "  well  and  faithfully  <iiscliarge  the  duties  of  Ordinary'' — or  Dep- 
uty Ordinary — "  for  the  county  of,"  &c.,  which  certainly  was  not  intended  to  be  required  of  him; 
but  that  he  should  take  an  oath  that  he  will  "  well  and  faithfully  disciiarge  the  duties  of "  De- 
puty Clerk  of  Ordinary  "  for  the  county  of,"  &-C. 


112  PRIVATE  AND  LOCAL  LAWS. — Internal  Transportation. 

BruoBwick  Sc  B'^lorida  Railroad   Company. 


TITLE  IX. 


INTERNAL  TRANSPORTATION. 


Preamble. 


Sec.  1.  Act.s  of  Soutlieni  SluckliolJers  ami 
Board  of  Directors  of  B.  &  FJa.  R.  R. 
Co.  legalized. 

"  2.  Name  cliaii)j;ed  to  Brunewick  and  Al 
baiiy  R.  K.  Co. 

"  3.  All  "rights  and  privilegea  under  old 
name  extended  to  Company  under  new 
name. 

"       4.  Suit*  to  proceed  under  now  name. 

"  0.  Road  never  to  be  abandoned  or  du 
stroyed  without  eonseut  of  Southern 
sto(;kholiiers. 

''.  •  6.  City  of  Brunswick  may  be  released 
from  her  subscription  to  stock  in  Com- 
pany. 

"      7.  Reort(anization  of  the  Company. 


Sec.    8.  E.xtension   of  S.   A.   &;.   G.  R.  R.  to 

Tybee  Islaml. 
"       0.  Ta.\  on  extension. 
"     10.  Kipht  of  way. 
"     II.  'J'rack  I  if  C.  k.Koad  may  be  connected 

with  track  of  S.  A.  &  G.  R.  R.    Rates 

of  tVeij^ht  and  passage. 

The  V   li.  R.  &  Baiiking  Co.  or  the  S. 

A.  &  S.  I{.  R.  Co.,  or  both   jointly, 

may  eonnect   the  tracks  of  tlie  two 

Roads  at  Savannah. 

if  JInyor  and  Aldermen  of  Savannah 

(djject,  track  to  run  round  the  city. 

Connecting  track  to  be  the  property  of 

the  Company  constructing  it. 


12. 


(No.    TIG.) 

An.  Act  to  legalize  the  procccd'niga  of  the  Southern  Si ocl holders  of  the 
Brunswick  Sf  Florida  Railrodd  Comixiny  ;  to  change  the  name  of  said 
Comyany,  und  to  amend  the  Act  of  iv cor p oration  ;  to  extend  the  charter 
thereof  and  to  facilitate  the  building  tltere<f. 

Whereas,  owing  to  the  existence  of  the  war,  und  the  President 
and  a  majority  of  the  Directors  of  the  Brunswick,  and  Florida  Rail- 
road Company,  being  inhabitants  of  the  enemy's  country,  and  hav- 
ing all  the  assets,  books,  and  records  of  the  Company  in  their 
possession,  and  the  subordinate  officers  and  employees  being  with- 
out authority  or  direction  how  to  i)roceed,  or  the  means  to  keep 
up  the  Road  and  the  running  of  the  trains,  or  to  protect  the  prop- 
erty, the  Chief  Engineer  in  charge  did,  on  the  day  of 
call  a  meeting  of  the  Stockholders,  to  assemble  in  l^runswick  on 
the  25th  day  of  September  last ;  And  vhereas,  a  large  majority  of 
the  Southern  owners  of  stock,  did  assemble  in  pursuance  of  said 
call,  and  elect  a  Board  of  Directors,  all  citizens  of  the  State  of 
Georgia,  to  take  chai'ge  of  the  interests,  and  to  manage  the  affairs 
of  the  Company,  until  such  time  as  the  Legislature  can  be  applied 
to,  to  afford  relief. 

1.  Section  I.  Be  it  therefore  enacted,  That  the  acts  of  the  Stock- 
Acts  or  soL,thjjQ]je,.g  of  the  Brunswick  and  Florida  Railroad  Company,  and  the 

ern  stooK-  .  .  i  i      t  /» 

hnider,,  ';".<iacts  of  tlic  Board  of  Directors,  at  their  meeting  on  the  2(Jth  day  of 

Hoard    oriJi-  .   ,      -.  .  i     i  i 

B't'FifK'Septeinber  last,  be,  and  they  are  hereby  ratihed,  conlirmed,  legal- 

K^co.  iegiii-ixed,  and  made  valid  to  all  intents  and  purposes. 

„  '  2.  Sec.  XL  Be  it  further  enacted.,  That  the  name  of  the  Brunswick 

Name  .'  ' 

riians.ato    ^^^  Florlda   Railroad  Company,  be   changed  and  altered  to  the 

Brunswick       "^  I         ./  '  o  i  i\'  t 

ualiroar^    liruuswick  and  Albany  Railroad  Company,  to  take  effect  from  the 
conipauy.     passage  of  this  Act. 

3.  Sec.  III.  Be  it  further  emicted,  That  all  the  powers,  rights,  and 


PRIVATE  AND  LOCAL  LAWS.— Lxterxal  TiiANsroRTATiox.  113 

Savannah,  Albany  <fc  Gulf  Railroad  Company. — Central  Railroad  and  Bankinjj  Company. 

privilege  heretofore  granted  to  the  Brunswick  and  Florida  Rail-pr'/vn^ges"** 
road  Company,  by  the  original  charter  and  the  Acts  amendatory  "i';^';^'^'^ 
thereof,  be  and  they  are  hereby  continued  and  confirmed   to  tlie J-.f^p/^'j 
Brunswick  [and  Albany?]  Railroad  Company,  for  thirty  years  fi"om[J^?^;'^^^^' 
and  after  the  passage  of  this  Act. 

4.  Sec.  IV.  Be  it  further  enacted,  That  aJl  suits  in  favor  of  ands„;t3fo  p^^. 
against  the  Brunswick  and  Florida  Railroad  Company,  may  be ^^X'^^fg' 
prosecuted  in  the  name  of  the    Brunswick  and   Alban)^  Railroad 
Company,  without  amendment  or  further  pleading. 

And  whereas,  The  said  Brunswick  and  Florida  Railroad  Company 
was  chartered  to  aid  and  advance  the  general,  agricultural,  inanu-r„.a,„i,ie. 
facturing,  and  commercial  interests  of  the  State  of  Georgia,  by  « 

opening  up  an  eas^-  access  to  the  port  of  Brunswick,  to  the  com- 
merce of  the  State  ;  now,  therefore,  to  prevent  the  object  thereof 
from  being  at  any  time  defeated, 

5.  Sec.  V.  Be  it  enacted,  That  this  Road  shall  never  be  aban-t-'^'ah°u-^ 
doned  nor  destroyed  without  the  consent  of  a  majority  of  the  indi-ti''y«-<i"w-ifhl 
vidual  Southern  Stockholders  of  said  Company.  sou-h'ni"  ° 

G.  Sec.  VI.  Be  it  farther  enacted,  That  the  present  Board  of  Di- 
rectors, or  any  future  Board  who  may  be  elected,  shall  have  power ".'"yVieLe 
to  release   the  city  of  Brunswick  from  her  subscription  of  fifty  nnius wick 
thousand  dollars,  or  any  part  thereof,   which   she  has  heretoibre''''ri'i'Hou  o"f 
made    to    the    capital    stock    of    said    Company,    and   for  which  »tock 'of  ° 
she    has    issued    her    bonds    now    in    the    hands    of    Northern 
officers  of  this  Company  ;  and  that  thereupon  said  city  shall  be  • 

forever  released  from  the  payment  of  said  bonds  or  the  interest  there-  puTt^ 
on,  to  said  Company,  or  to  the  holders,  being  now  alien  enemies  ;  Pro- <>" '.>*i>;ii  sub- 


Kcnptiou. 


tided,  That  this  shall  not  be  applicable  to  any  bond  which  may  have  ,, 
been  //o/wy/Wf  transferred  to  any  person  other  than  an  alien  enemy,  f>i>'''''i'8"^.*^ 
prior  to  the  declaration  of  war ;  Provided,  That  nothing  herein  "'"■•■'''t'hoid"" 
contained  shall  be  so  construed  as  to  defeat  any  right  of  the  Con-'u/'mUB.''"'" 
federate  States  or  of  the  State  of  Georgia.  c'.nr.a°rate 

7.  Sec.  VII.  Be  it  further  enacted,  That  said  Brunswick  and  Al- 
bany Railroad  Company,  may  be  reorganized  at  any  time  by  the 
Stockholders,  upon  the  call  of  any  tv^-o  of  the  present  Directors.* '''""fco.' 

Sec.  VIII.  Repeals  conflicting  laws. 

Assented  to  December  IG,  ISGl. 

*  For  Acts  relative  to  tlie  Brunswick  and  Florida  R.  R.,  see  Acts  of  JS3.5,  p.  1S7,  216-  Acts 
of  IS:}'^,  p.  i;C  ;  Acts  of  1847,  p.  184  ;  Acts  of  lSol-i2,  p.  128;  Actsof  lS.33-4,  p.  406,  Acts  of 
1855-6,  p.  186. 

(No.  117.) 

An  Act  to  authorize  the  Savannah,  Albany  and  Gulf  Railroad  Coni- 
jiany  to  extend  its  track  to  Ti/bee  Island,  vjton  certain  caiidiltofis  ;  mid 
to  authorize  the  Central  Railroad  and  Banking  Company  of  Georgia 
to  extend  its  track  and  transport  freight  and  passengers  over  said  line 
to  Tyhec  Island. 

8  Section  I.  7?c/V  rwr/r/rr/,  That  f  he  Savannah,  Albany  and  Gulf 
Railroad  Company,  is  hereby  authorized  to  extend  its  track,  from 

8 


114  PRIVATE  AND  LOCAL  LAWS— Internal  T«ANSPOliTATioir. 


Tax  on  ex- 
truded ruiid. 


Bislit  of 


Savannah,  Albany  &  Gulf  Railroad    Company— Central    Uailroad  &,  Banking  Company. 

of*s*'A!  t  o  ^'^y  p<jiiit  at,  or  in  the  limits  of  the  city  of  Savaunab,  to  Tybee 
TbLil  Island  ;  and  tbe  said  Company  sball  bave  for  tbose  purposes;,  all 
^^^-  tbe  rights  and  powers  conferred  by  its  cbarter  of  incorporation, 

and  tlie  Acts  amendatory  tbeieunto. 

9.  Sec.  II.  B(  It  j'urihcr  nntctal,  That  tbc  capital  stock  issued  for 
tbe  construction  of  said  extension,  sball  be  liable  to  sucb  rates  of 
taxation  as  may  be  fixed,  from  time  to  time,  for  all  other  like  prop- 
erty in  this  State. 

lU.  Sec.  III.  Be  if/uiihcr  oiartrd,  That  in  all  cases  when  it  shall 
be  necessary  to  use  private  property  in  the  construction  of  said 
Kailroad,  the  Coni})any  shall  be  liable  for  the  right  of  way,  whicb 
Damages.  sliall  bc  asccrtaiucd  in  accordance  with  the  laws  now  in  force  in  ac- 
cordance .with  the  laws  now  in  force  in  relation  to  the  same;and  that 
ft"l,lr^u'h  at  the  crossings  made  by  the  Company,  of  any  way  of  travel,  or 
urveul'd'""  of  connnerce,  whether  on  land  or  water,  the  said  Company  shall 
STXs'trnct- construct  sucb  adequate  works  as  will  leave  the  same  tree  to  tbe 
*^-  unobstructed  enjoyment  and  use  of  all  persons. 

11.  Sec.  IV.    T/k;    General  of  Georgia  Assemhhj  do  further  enact, 
That  it  shall  be  lawful  for  the  Central  Railroad  and  Banking  Com- 
pany of  Georgia,  and  that  Company  is  hereby  authorized  and  em- 
centrafRoad  powered  tocxtcud  the  track  of  the  Central  Kailroad,  and  to  ioiu 

may    roiuieit  *•  .  •    i         i  i  /■     i  •  ^         r^^\        a  i  a  i 

and  unite  the  same  with  the  track  oi  the  said  "  Ihe  Savannah,  Al- 
bany and  Gulf  Railroad  Company,"  at,  in,  or  near  tbe  city  of  Sa- 
vannah; and  wiien  the  track  to  Tybee  Island  shall  be  completed,  the 
said  "  The  Saviuinah,  Albany  and  Gulf  Railroad  Company,"  shall 
not  make  any  discrimination  or  regulation,  in  its  charges  and  rates, 
against  the  said  "The  Central  Railroad  and  Banking  Company  of 
Georgia,"  nor  give  any  preference  to  its  own  transportation,  whether 
of  freight  or  passengers,  over  that  of  said  Central  Railroad  and  Bank- 
ing Company  of  Georgia  ;  but  that  all  things  sent  by  the  said  "  The 
Central  Railroad  and  Banking  Company  of  Georgia,"  sball  be 
transported  over  the  line  to  Tybee,  at  the  same  rates,  and  all  jias- 
sengeis  from  the  Central  Railroad  shall  go  at  the  same  rates  that 
shall  be  charged  by  the  said  "  The  Savannah,  Albany  and  Gulf 
Railroad  Company,  on  things  and  passengers  coming  I'rom  the  Road 
of  the  said  Savannah,  Albany  and  Gulf  Railroad  Company. 
Assented  to  December  11, 1  SGI. 


Track  of 
Central  1 
may    roiuieit 
■with  track 
•or  S.  A.  fc  G. 
SLA. 


Rates  of 
freipshk  and 
piUi*«Ke  on 

fxtputiou  to 
Tjbec. 


Preamble 


TkcC.  ITL  a- 
Co.  or  the  .'^- 
A.feO.  R.  rt 
Co.,  or  bot  li 
jaintly,  iiiuj 
.cenoect     the 


(No.  lis.) 

.  An  Act  io  authorize  the  connection  of  ihe  Railroad  of  the  Savannah, 
Albany  and  Gulf  Railroad  Company  with  the  Railroad  of  the  Cetitral 
Mailroad  and  Banking  Company  (f  Georgia,  by  a  track  running 
•through,  or  around  the  city  of  Savannali. 

\YnE]{E.vs,  There  exists  an  absolute  military  necessity  at  this 
time  to  connect  the  aforesaid  Roads: 

12.  Section  I.  The  General  Assembly  of  the  State  of  Georgia 
hereby  enacts,  That  it  shall  and  may  be  lawful  for  the  Central  Rail- 
road and  Banking  Conipany  of  Georgia,  or  the  Savannah,  Albany 
.aiad  Gulf  Railroad  Company,  or  for  both  of  said  Companies,  jointly, 


PRIVATE  AND   LOCAL  LAWS— Patrols.  115 

Patrol    Laws   amended. 


to  constract,  maintain,  use,   and  enjoy  a  Railroad  track,  joining  tracts  or  tbo 
the  tracks  of  said  Railroads,  in  the   city  of  Savannah,  with  the savatmTh.' "' 
assent  of  the  honorable,   the  Mayor  and  Aldermen  of  the  city  of 
Savannah, 

13.  Sec.  II.  Aiid  it  is  further  enacted,  That  if  the  assent  of  the  li", M».vor anii 

1411  r"i*  r"-i  II  11  Aldi'imcu  of 

Mayor  and  Aldermen  oi  the  city  ot  isavannah  be  not  ijranted,  then  y«vinHaii  ob- 

J  J  o  it?L't    track   to 

it  shall  be  lawful  for  either  or  both  of  said  Companies  to  construct,  i-'iu'.oi'tside 
maintain,  use,  and  enjoy  a  track  outside  of  the  limits  of  the  city  of 
Savannah,  joining  the  aforesaid  Roads. 

14.  Sec.  III.  And  it  is  furllicr  enacted,  That  if  the  said  junction  connecting 
track  sahll  be  constructed  by  the  Central  Railroad  and  Banking pt  .,r  the 
Company  of  Georgia,  then  the  same  shall  l)e  part  and  parcel  of  the -tlucting k 
Central  Rnilroad,  to  all  intents  and  purposes  whatsoever;  and  if  the 

same  be  constructed  by  the  Savannah,  Albany  and  Gulf  Railroad 
Company,  then  it  shall  be  part  and  parcel  of  the  said  Savannah, 
Albany  and  Gulf  Railroad,  to  all  intents  and  purposes  whatsoever. 
Sec.  IV.  Repeals  conflicting  laws. 

Assented  to  December  17,  1861. 


TITLE   X. 


PATROLS. 

Sec.  I.  ratrol  laws  amended,  as  to  Dade  county. 

(No.  119.) 

An  Act  to  alter  the  Sixth  Section  of  An  Act  to  amend  the  Patrol  Laws 
of  this  State,  approved  Febnianj  20th,  1854.* 

Sectiox  I.  Be  it  enacted  by  the  General  Assemhhj,  That  the  pro 
vise  of  the  sixth  Section  of  An  Act  to  amend  .the  Patrol  laws  ofto"iTad,' 
this  State,  approved  February  20th,  1854,  be  altered  so  as  not  to*""'"'*^^ 
include  the  county  of  Dade,  and  that  the  provisions  of  said  Act  ex- 
tend to  the  county  of  Dade. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  11,  ISGl. 

*  Acts  of  10.33-1,  p.  103. 


Patrol  laws  I 


116 


PRIVATE  AND  LOCAL  LAWS.— Physicians. 


Pliysiciaus  ftnd  Millers   in  Jefierson  county. —  Eclei-tic   Board  of   Pliysiciniis. 


TITLE  XI. 


PHYSICIANS. 


Sec.  I.  Prncticing  Physicians  and  Jlillers in. Tef- 
feraou  county,  exempt  IVom  iiiilitnry 
duty. 


Sec.  2.  Electic  Board  of  Pliyeiciniis  estnblisbed. 
"  3.  lloHrd  to  be  located  at  Atiieii.s,  Georgia. 


(No.  120.) 

A?i  Act  to  excmjif  rr(/cth:i/ig  r/nj.i/cians  and  MiUcrs  hi  the  coinitij  of 
Jefferson,  from  MUiUinj  dittij,  and  for  other  jiurposes. 

I.  Section  I.    The  (irneral  Assmdj/i/ rf  Georgia  do  eyiact,  That  all 
p"v.*S    practicing  pliysiciaus  and  millers  in  the  county  of  Jeftersou  be,  and 
j°efferion"co"  they  slyc  hcrcby  exempt  from  all  military  duty. 
Sm£*dutr     Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  17,  ISGl. 


(No.  121.) 

A7i  Act  to  constitute  an  Electic  Beard  of  Fhysicians  to  examine  and  li- 
cense yonng  men  to  practice  medicine  v^ion  the  Eclectic  sijstcm,  and  to 
locate  the  same  in  the  town  of  Athens,  Georgia. 

2.  Section  I.  Be  it  enacted  by  the  General  Assemlly  of  the  State  of 
•  Bd    ^^(''>^'g^^'i  That  I.  J.  Goss,  of  Jttckson  county,  M.  P.  Alexander,  of 
of  phy.ieiaiis Hall  county,  J.  D.  Beechani,  of  Franklin  county,  Travis  Latner, 
^  '   of  White  county,  H.  S.Brady,   of  Madison  county,  and  their  suc- 

cessors in  olTice,  bo,  and  they  are  hereby  constituted  an  Electic 
Board  of  Physicians,  to  examine  and  license  young  men  to  practice 
medicine  npon  the  Electic  or  Progressive  system  ;  and  the  said 
Board  shall  conform  to  the  same  rules  and  regulations  as  are  provi- 
ded for  the  government  of  the  Alopatliic  Board  of  Physicians,  lo- 
cated at  Millcdgeville,  Ga. 

:j.   Sec.  II.  Br  it  further  enacted,  That  said  Board  shall  hold  its 
Boardtobe   scssipHS  anuually,  in  the  town  of  Athens,  Ga.,  on  the  first  day  of 
Atbeu'l,''aa.  April,  and  shall  continue  in  session  as  long  as  may  be  necessary  to 
transact  the  business  of  said  Board. 

Assented  to  December  19,  ISGl. 


PRIVATE  AND  LOCAL  LAWS— Relief. 


117 


Widow  of  A.  J.    Boggess.— Mrs.  M-  Dillon. 


TITLE  XII. 


RELIEF. 


See.  I.  $")OJ,Rn  approptjatcil  for  n-licf  of  the 

widow  of  A.  J.  Ijogges.s,  late  Surveyor 

General. 
"  2.  $'{■?, 47  to  Mrs.  Mar<j«ret  Dillon. 
"  3.  Moses  Formby,  of  Floyd  county. 
"  4.  $1,40  approprinted  for  relief  of  Abnor 

Hern.     $!:J,:)0  for  r.-lief  of  W.J.  Bush. 
"  5.  C'niilitional  aopropriatiou    for  relief  of 

Wesley  Shullield. 


Sec.  6.  OtKeial  acts  as  Deputy  Sheriffs  of  Sum- 
ter county  legalized. 

"  7.  Sessions  and  proci'cding.s  of  Courts  in 
which  they  officiated  as  such  Deputies 
leifalized. 

"  8.  Gat)ricl  Toombs  to  pay  taxes  in  Chatta- 
hoochee county. 


(No.  122.) 

Jifi  Act  to  authorize  and  require  His  Excellency  the  Governor,  to  draw 
his  warrant  on  the   Treasurer  of  this  State,  in  favor  of  the  widoiv  of 
A.  J.  Boggcss,  late  Sicrvei/or  General,  f/r  the  sum  of  five  hundred  and. 
four  dollars  and  eight  if  rents,  and  f>r  other  purposes. 

Whereas,  A.  J.  Boggess,  late  Surveyor  General  of  this  State, 
after  making  all  necessary  arrangeniente  to  secure  the  faithful, 
prompt  and  efficient  discharge  of  t!ie  duiies  of  his  said  office,  did, 
with  the  concurrence  of  the  Governor,  enter  the  ranks  of  our  army,^"'*'™"*' 
as  a  private  soldier,  paying  his  own  expenses ;  And  Whereas,  after 
participating  in  the  struggle  with  the  enemy,  on  the  plains  of  Ma- 
nassas, v^ith  distinguished  gallantry,  which  he  survived,  was,  from 
his  untiring  ellbrts  and  exposure  in  relieving  the  wounded  after  the 
battle,  stricken  down  with  fever,  which  resulted  in  his  death,  on 
the  fifteenth  day  of  August  last  ;  And  Whereas,  it  is  the  true  policy 
of  this  State  to  signify,  in  some  way,  her  approval  of  such  instances 
of  true  heroism  and  self  denial  as  displayed  in  the  conduct  of  this 
officer;  And  JVhereas,  he  has  left  a  widow  and  children  who  were 
dependant  upon  his  personal  eflbrts  for  the  means  of  maintenance 
and  education  of  which  they  are  now  deprived  : 

1.  Section  I.  Be  it  enacted  by  the  General  Asscmhhj  of  the  State  of       ^^ 
Georgia,  That  the  Governor  be  and  he  is  hereby  authorized  and  in-pfnpriHf-da.r 
structed,  to  draw  his  warrant  on  the  Treasurer  of  this  State,  m  Xa-o-wof  k.  j.  i 

,  HoCKf  88, 

vor  of  the  widow  of  said  A.  J.  Boggess,  late  Surveyor  General  ofdt';'<i- 
this  State,  for  the  sum  of  five  hundred  and  four  dollars  and  eighty 
cents ;  which  amount  the  said  officer  would  have  been  entitled  to, 
had  he  continued  in  life  and  discharged  the  duties  of  said  office  un- 
til the  expiration  of  the  term  for  which  he  was  elected. 
Sec.  n.  Repeals  conflicting  laws. 

Assented  to  December  12th,  ISGl. 


118 


PRIVATE  AND  LOCAL   LAWS.— Relief. 


Mra.  M.   Dillon. — Moses  Fonnby. — ^Abner  Ilearn  and  Wesley  Shuffield. 


$33  -11  appro 
priated  for  re 
lief  of  Mr». 
M.  DUlon. 


(No.  123.) 

Aji  Act  for  the  relief  of  Margaret  Dillo7i,  admiiiistratrix  of  the  estate  of 
Michael  Dillon,  all  of  Chatham  couniy. 

2.  Section  I.  Be  it  enantccl  hij  the  Gmcral  Assembhj  of  the  State  of 
Georgia,  That  his  Excellency,  the  Governor,  be,  and  he  is  aiithor- 

-izetl  to  draw  his  warrant  on  the  Treasury  of  this  State,  lor  the  sum 
of  thirty-three  dolhns  and  forty-seven  cent^,  in  favor  of  Mrs.  Mar- 
garet Dillon,  administratrix  of  the  estate  of  Michael  Dillon,  of 
Chatham  county,  deceased;  which  said  sum  was  paid  by  the  ad- 
ministratrix .aforesaid,  to  the  Tax  Collector,  of  Chatham  county,  in 
the  year  1S57,  in  excess  of  the  just  and  legal  claim  for  taxes  against 
said  estate,  upon  a  true  return  made  of  the  property  thereof. 
Assented  to  L^ecemb^r  9,  1S61. 

(iXo.  1:34.) 

An  Act  for  the  relief  of  Moae^  Formhij,  ofthecoiwlij  of  Floijd,  a  school 
teacher,  vnder  the  Acts  in  relation  to  common  schools. 

Whereas,  Moses  Formby  has  been  engaged  in  teaching  a  school 
in  the  county  of  Floyd,  during  the  year  186 1,  many  of  whose  pu- 
pils are  entitled  to  the  benefit  of  the  Act,  for  the  distribution  of 
the  common  school  fund  ;  ^bid  JVhcrras,  the  said  Formby,  from  a 
want  of  knowledge  of  his  duty,  has  failed  to  render  to  the  Ordinary 
of  Floyd  county  a  list  of  his  pupils  entitled  to  the  benefit  of  said 
fund,  in  accordance  to  the  law",  and  i^  about  to  suffer  loss  on  that 
account : 

3.  Section  L  Be  it  thevffore  enacted  hi  the  Gineral  Assemhhj  of  the 
Moses  Form-  Stfitc  of  Gcorgid,  That  tlic  Said  IMoses  Formby,  be  now  permitted  to 
t'/aVher'maj  malie  his  rctum  of  indigent  scliolars,  taught  by  him  in  the  )'ear 

1861,  to  the  Ordinary  of  Floyd  county,  and  that  he  be  allowed  to 
participate  in  said  common  school  fund,  as  though  his  returns  had 


Preamble. 


Rtill  maku  his 
return  of 
chilrtrcii 

tSllgllt   l)V 

and  rrjfve''  becu  Tcgularly  and  legally  made 

his  pay  "  _  -       .  - 


^-l^O  appro- 
priated for  re- 
lief of  Abner 
Hera. 

$13  30  for  re- 
lief of  Wm. 
J.  Bvisb. 


Sec.  II.  Repeals  conflicting  laws. 
Assented  to  December  17,  1861. 

(No.  12o.) 

An  Art  for  the  rclirf  <f  Ahirr  Hern,  (f  Miller  county,  JVeshy  Shvffield, 

and  J]  illiam  J.  Bush,  (f  Karhj  c.onnty,  and  to  oj'propriate  money  for 

the  same. 

Wiierkas,  Owing  to  a  misunderstanding  as  to  the  true  line  be- 
tween the  counties  of  Early  and  Miller,  Abner  Hern  has  been  com- 
pelled to  pay  taxes  in  both  counties  : 

4.  Section  I.  Be  it  eimcted,  that  four  and  40-100  dollars  be,  and 
it  is  hereby  appropriated  out  of  the  Treasury  of  this  State,  to  said 
Abner  Hern,  the  same  being  the  amount  paid  by  him  for  taxes  for 
the  year  ISOO,  to  the  Sheriff  of  Early  county;  and  the  sum  of  thir- 
teen dollars  and  thirty  cents  to  William  J.  i3ush,  of  the  county  of 


PI^rVATE  AND  LOCAL  LAWS.— Relief.  119 


Augustus  B.    Raiford   and  Sterling  Glover. 


Early,  the  same  being  the  amount  paid  by  him,  after  paying  his 
taxes  in  Miller  county  for  the  year  1860. 

5.  Sec.  II.  And  be  it  further  enacted,  That  the  Governor  draw  hisp^,,,,;^.' 
warrant  on  the  Treasury  in  favor  of  Wesley  Shuffield,  of  Early  ^,i7;;p|5'"°™ 
county,  for  such  money  as  he  was  compelled  to  pay  as  State  tax  iii£'/i''y  saV 
the  county  of  Miller,  in  1860,  upon  the  said  Shultield  .satisfying  the'"'' 
Comptroller  General  and  Governor,  of  the  amount  of  State  tax  so 
paid  in  Miller  county. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  14,  1861. 

(Xo.   1-36.) 

An  Act  to  ?nake  valid  tJte  dxnngs  ami  acf/i/gs  of  Aifs;if^'itus  B.  liaiford  and 
Sterling  Glover,  as  Deputij  Sheriffs  of  the.countij  of  Sumter. 

Whereas,  Samuel  Dawson  was  duly  elected  SherifFof  the  coun- 
ty of  Sumter,  on  the  —  day  of  January,  1S60,  and  after  being  com- 
missioned and  before  his  term  of  oflice  had  expired,  he  appointed 
Augustus  V>.  Raiford  and  Sterling  Glover,  who  were  duly  qualified 
and  proceeded  to  discharge  the  duties  of  said  office  ;  And  Whereas, 
since  then,  the  said  Samuel  Dawson  has  been  regularly  conmiission- P"^™™^'*"- 
ed  as  an  officer  in  a  volunteer  company  and  is  now  doing  duty  as 
such  in  the  arm}'^  of  the  Confederate  States,  in  Virginia,  without 
having,  at  any  time,  formally  resigned  his  commission  as  Sheriff 
aforesaid,  and  since  his  absence  his  said  Deputies  have  continued 
to  discharge  all  of  the  duties  incident  to  the  olhce  of  Sheriff  in  said 
county;  And  Whereas,  doubts  have  arisen  as  to  the  legality  of  the 
official  acts  of  said  Deputies,  and  much  litigation  is  likeh'  to  grow 
out  of  it,  for  remedy  whereof: 

6.  Secton  I.  Beit  enacted,  That  all  of  the  official  acts  of  Angus- A.tB  oPAns. 
tus  B.  Raiford  and  Sterling  Glover,  as  deputies  of  Samuel  Dawson,  stVruni""^ 
late  Sheriif  of  Sumter  county,  be,  and  the  same  are  hereby  made  le-L*'.d''''^  ''°'^* 
gal  and  valid,  both  in  law  and  ecpiity,  to  all  intents  and  purposes, 

any  law,  usage  or  custom  to  the  contrary  notwithstanding. 

7.  Sec.  II.  Bs  it  further  enacted  bii  the  a uthoritii  aforesaid,  That  the  _    ,  . 

•'  .  .'  J     J  '  Courts  in 

several  Courts  held  in  said  county  of  Sumter  since  the  absence  of  "„l"'.''  ^''j 
their  principal,  the  said  k5amuel  Dawson,  and  in  which  they,  the-»'''^'''"'  ""* 
said    Raiford   and  Glover,  or  either  of  them,    officiated  as  Deputy  >'.'=»>"  ^""^ 
Sheriffs,  be,  and  the  same  are  hereby  declared  to  be  regular  Courts; 
and  all  of  the  judgments,  orders,  decrees,  and  all  other  proceedings 
of  said  Court  are  hereby  made  valid  and  legal,  and  shall  not  here- 
after be  ever  called  in  ([uestion,  or  dis[)uted  on  account  of  any  ir- 
regularity in  the  office  of  Sheriff  as  aforesaid  ;   any   law,  usage  or 
custom  to  the  contrary  notwithstanding. 

Assented  to  December  17,  1861. 


-ISO  PRIVATE  AND  LOCAL  LAWS.— Rivers  and  Dams. 


Gabriel  Tnombs.— li.  V    Key    may   keep  up   iv   ilnm  aoiot^.s  the  Oc-niulpee  river. 


(No.  127.) 
An  Act  for  (he  n/irf  of  Gabriel  Toombs. 

Whereas,  The  General  Assembly  of  the  State  of  Georgia,  at  the 
annual  session  in  18-50,*  in  passing  An  Act  for  the  relief  of  John 
Woolfork.  and  William  Woolfork,  by  making  their  plantations  in 
the  county  of  Chattahoochee,  part  of  Muscogee  county,  did,  unin- 
tentionally, create  great  doubt  and  confusion  as  to  the  boundaries  of 
Chattahoochee  county,  and  did  thereby  excite  conflicting  claims  for 
taxes  from  Gabriel  Toombs,  a  planter  in  said  county  of  Chattahoo- 
chee, the  same  taxes  being  demanded  of  him  by  the  Collectors  of 
Muscogee  and  Chattahoochee;  ^Ind  JJ'/irrras,  redress  from  these 
conflicting  claims  is  diflicult,  if  not  impossible  to  be  had  through 
the  Courts,  and  no  citizen  should  be  thus  troubled  and  injured : 

S.  Section  I.  Be  it  enacted  bij  the  General  Assembly  of  the  State  of 
Georgia,  That  the  Tax  Collectors  of  the  county  of  Muscogee  shall 
not  demand  or  receive  of  said  Toombs  any  taxes  for  the  year  ISGl, 
cheewum'y.  or  prcvlous  year  or  future  years  ;  and  that  he  shall  pay  taxes  only 
to  the  Collectors  of  Chattahoochee  county,  whose  receipts  shall  be 
a  sufticient  discharge  in  all  cases. 

Assented  to  December  3,  1S61. 

°  See  Acts  of  1855-6,  p.  134,  for  this  Act. 


Gabriel 
Toombe  to 
pay  tax  in 
Chattahoo 


TITLE  XIII. 


RIVERS   AND    DAMS. 

See,  1.  B.  r.  Key  allowed  to  erect  a  Dnin  across  Oetiiiilffi-e  River  on  his  own  laii'ls  in  coun- 
ties of  Jasper  and  Kutts, 

(No.   12S.) 

An  Act  to  authorize  B.  P.  Key  of  the  comity  of  Jasper,  his  heirs  and 
aasifrns,  lo  cxtrnd  and  keep  np  a  Dam  across  the  Ocmulgee  River,  at 
his  mills  on  his  own  lands,  in  the  counties  (fJasjier  and  Butts. 

1.  Section  I.    The   General  Assembly  do  enact,  That  B.  P.  Key 

B.p.Koy     of  the   county  of  Jasper,  his  heirs  and  assigns  be,  and  they  are 

erZ'Xn.    hcrcby  authorized  to  extend  and  keep  a  dam  across  the  Ocmulgee 

ISyo^r""'''"  River  at  his  mills,  on  his  own  lands,  in  said  counties,  so  as  to  raise 

a  two  and  half  foot  head  of  water,  for  the  purpose  of  propelling  saw 

and  grist  mills,  and  such  other  machinery  as  the  conveniences  of 

the  country  may  require;  Proridcd,  The  raising  of  the  above  head 

of  water  does  not  cause  the  water  to  overflow  and  damage  the  land 

of  any  other  person  or  persons ;  A7id  provided  further.  That  said  dam 


PRIVATE  AND  LOCAL  LAWS— Roads.— Slaves,  &c.        121 

Road  Laws  in  Camden  county  amended. — Blmira  Mathews. 

shall  be  so  arranged  by  lock  or  slope,  as  not  to  prevent  the  pas- 
sage offish  up  said  river,  from  the  first  of  November  to  the  first 
of  May,  any  law  to  the  contrary  notvvithstandidg. 
Assented  to  December  12,  1861. 


TITLE  XIV. 


ROADS. 
{No.  129.) 

A71  Act  to  amend  an  Act  assented  to  the  19th  daij  nf  December,  1860*  in 
relatio}i  to  the  Road  Laws  of  Camden  county ;  also  to  repeal  an 
Act  entitled  An  Act  to  authortze  the  Inferior  Court  of  Early  county  to 
levy  a  Road  Tax,  approved  December  V^th,  1859.t 

Section    I.     The    General  Assembly  do  enact,  That   the   provi-  ^  ^^^^ 
sion  in  the  first  Section  of  said  Act  in  relation  to  Cumberland d<^<- m r©- 
Island  be,  and  the  same  is  hereby  repealed. 

Sec.  IL  And   be  it  further  enacted,  That  an  Act  entitled  an  Act 
to  authorize  the  Inferior  Court  of  Early  county,  to  levy  a  Road  13'^ ism,  re^ 
Tax,  be  and  the  same  is  hereby  repealed.  ^' 

Assented  to  December  17,  1861. 


*  Acta  1860,  p.  223. 
t  Acta  of  18ol>,  p.  367. 


TITLE  XV. 


SLAVES  AND  FREE  PERSONS  OF  COLOR. 

Sec.  1.    Ehnira    Matliows,   a  free    person  ofiSec.  2.    Jlode  of  perfecting  (lie  .sale. 

color,  limy  sell  heraelfiuto  slavery  to     '•      3.    Order  of  sale  to  be  recorded — Clerk's 
Jiio.  J.  Doherty.  I  fee. 

(No.  130.) 

An  Act  to  authorize  Elmira.  Mathcrcs,  a  free  person  of  color,  to  sell  her- 
self i?ito  perpetuiil  slavery. 

Section   I.      The    General    Assembly    do    enact,      That     Elmira £,„!„  Math. 
Mathews,  a  free  person  of  color  in  Greene  county,  be,  and  she  isp;;„»^Jf";„,. 
heraby  authorized  to  voluntarily  become  the  slave  of  John  J.  Do-;;y.v,';;,7i"" 
herty  for  life.  ,  p/X?"^ 

Sec.  IL  That  in  order  to  carry  into  effect  the  first  section  of  this 


sell 


122 


PRIVATE  AND  LOCAL   LAWS.— Tax. 


Tax  for  county  purposes  in  Butts  county. 


Modeofver- Act,  the  said  John  J.  Doherty  and  the  said  Elmira  Mathews  shall 

iSl"*"""  go  before  the  Justices  of  the  Inferior  Court,  or  a  majority  of  them, 
in  said  comity,  who  shall  faithfully  and  fully  examine  her  as  to  her 
willingness  to  become  the  slave  for  life  of  said  John  J.  Doherty  ; 
and  upon  being  satislied  of  the  same,  they  shall  pass  an  order  to  the 
etiect  that  said  Elmira  Mathews  be  held,  deemed  and  considered  the 
slave- of  said  John  J.  Doherty,  for  and  during  her  natural  life,  sub- 
ject to  all  the  incidents  of  S'lavery,  except  the  liability  of  being  sold 
during  the  lifetime  of  said  Dohurty,  by  himself  or  his  creditors  for 
his  debts:  The  sole  consideration  lor  which  voluntary  enslavement 
on  her  part,  shall  be  the  obligation  thereby  incurred  by  her  master 
of  feeding,  clothing  and  protecting-  her. 

Sec.  III.  It  shall  be  the  duty  of  the  Clerk  of  the  Inferior  Court 

tote" eLr-'" ^0  record  said  order  on  the  minutes  of  the  Court  as  evidence  of  title; 

'i*-''i-  also,  to   record  the  same  in  tin;   book  kept  by  hiin  for  recording 

other  evidences  of  title  to  personal  property;  for  which  the  said 
John  J.  Doherty  shall  pay  a  fee  to  said  Clerk  of  five  dollars. 
Assented  to  December  17,  1801. 


Considera 
tion. 


TITLE  XVI. 


TAX. 


Sec.  1.  Lfvy  of  county  tax  iu  Butts  co..iul8Cl, 
If^galized. 

"  2.  IiitV-iier  Court  of  Coweta  county  on 
reeouiuicudation  of  Giiuiil  Jury,  may 
levy  a  couuly  Tax  for  relief  of  in<li 
gent  soldiers  and  tlieir  families. 

"  3.  County  Tax  not  to  ejtceed  UX)  per  cent . 
on  State  Tax.  Property  of  privat( 
soldiers  exempt  from  this  Tax. 

4.  Collection  of  such  Tuxes,  and  fees  ol 
Collector. 

5.  Extra  Tax  in  Stewart  county,  on  ac- 
count of  sctldiers  in  service.  Sucli 
Tax  not  to  exceed  300  pur  cent,  on 
State  Tax. 

6.  Soldicrsin  service  whose  taxable  pro])- 
erty  is  not  over  $2,000,  exempt  from 
this  Tax.  Executions  not  to  be  issued 
for  colleclidn  of  this  Tax  on  properly 
of  soldiers  till  G  moii'ths  after  the  Tax 
is  to  be  collected. 

"    7.  Commissioners  and  tlieir  duties. 

'■     8.  Collection  of  such  Tax. 

"    !).  Certain  credits  to  be  allowed. 

"  10.  Taxes  assessed  in  ]S()I ,  legcilizod. 

"II.  Extra  Tax  in  Sinnter  county  on  account 

of  soldiers.     Such   'J'ax  not  to  exceed 

300  per  cent,  on  Slate  Tax. 
"  12.  Two  setts  of  Tax    Books  to   be   made 

out. 
"  13,  Collectors  to  be  appointed. 
"  14.  Duties  of    Collector.     Executions   for 

Tax. 


Sec.  15.  Disbursement  of  the  funds  raised  by 
such  Tax. 

"  16.  Advancements  by  citizens  to  be  re- 
funded. 

'•  17.  Inferior  Court  to  settle  with  Relief 
Committee. 

"  IS.  Certain  tax  payers  to  be  allowed  cred- 
its. 

"  19  Soldiers  wliose  taxable  property  does 
not  exceed  $2,000,  exempt.  Tax  exe- 
cutions. 

"  20.  Tliis  Act  to  continue  in  forceduring  the 
War,  <u- tillalleied  or  repealed. 

"  21.  Extra  ta.x  in  Tattnall  county,  on  ac- 
count of  Soldiers  in  service.  Discrim- 
ination in  favor  of  those  who  have  con- 
tributed to  soldiers. 

"  22.  After  assessment  for  first  year,  ta.x  to 
be  equal  accordinj,'  to  taxable  property. 

"  23.  Disbursement  of  such  Taxes. 

"  21.  Treasurer  to  give  bond.  Duties  of 
Treasurer. 

"  2.^.  No  taxes  to  be  assessi-d  in  Ware  co., 
for  building  Court  House  till  the  war 
closes. 

"  2(J.  .\pplication  of  tax  money  heretofore 
raised  in   Ware  to  build  Court  house, 

••  27.  Act  of  19  Dec,  1859,  repealed  as  to 
Wilcox  county. 

"  28.  Extra,  tax  in  Whitfield  county  on  ac- 
count of  soldiers  in  service. 


(No.,  131.) 
A7i  Act  to  legali3le  and  make  valid  the  levying  of  a  Tax  for  county  imr- 
poscs,  for  the  county  of  Butts,  for  the  year  1861,  and  to  authorizeits 
Collection. 
1.  Section  I.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 


PRIVATE  AND  LOCAL  LAWS.— Tax.  f23 

Extra  Tax  in   CJoweta. — Extra  Tax  in  Stewart. 

Georgia,  That,  whereas   the  Inferior  Court    of"  the  County  Butts, 
did  levy  a  tax  for  County  purposes,  for  the  year  1861,  without  re- rSy^tax  in 
commendation  from  a  Grand  Jury,  the  same  is   hereby  made  legal  "r'^sei^Te-^' 
and  valid  ;  and  tliat  all  the  laws  now  of  force  for  the   collection  of  °'''"""^' 
Taxes  be,  and  the  same  are  hereby  declared  to  be  in  force  for  the 
collection  of  said  Taxes. 

Sec.  II.  Repeals  conllicting  laws. 

Assented  to  December  3 1,  1S61. 

(No.  132.) 

All  Act  to  authorize  the  Justices  of  tfic  Inferior  Court  of  Coweta  county, 
from  time  to  time,  to  authorize  the  levy  i)i^  and  collcctijig  of  such  taxes, 
in  said  county,  as  arc  herein-after  provided,  for  the  purposes  herein  pro- 
vided ,  and  for  no  other  purposes  whatever  ;  which  shall  he  hioivn  and 
designated,  as  a  tax  for  t/tc  purpose  of  supporting  the  indigent  families 
of  soldiers,  iUho  have,  or  may  hereafter  go  into  the  actual  service  of  the 
country  ;  and  also  for  the  supj^ort  of  such  indigent  soldiers  who  have, 
or  7nay  hereafter  return  home  from  such  service,  citha'  in  a,  crippled  or 
disabled  condition. 

2.  Section  I.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Gcor<ria,  That  it  shall,  and  may  be  lawful  for  the  Inferior  Court  ofj,"'"''^'"^ 

o        '  '  ^  Court  of 

Coweta  county,   to   levy  and  collect  an  extra  tax  upon  the  State  p"''^" '^""°- 

^  J  J  i  ty  on    recom- 

tax,  for  the  purpose  contemplated  in  this  Bill,  to-wit:  That  it  shall '^',';'^^,ff'j'',°°f 
be  the    duty  of  the  said  Court  to  levv,  upon  the   recommendation '"">■ '^yy «' 

.'  J  '        L  ccmiity  tax 

of  the  Grand  Jury  of  said  county,  at  their  Sprinj?  Term,  and  cause  f-v^f"'/ "f 
to  be  collected,    such   amounts  of  Taxes  as  may  be   necessary  for  ;','''r%«"'!,. 

'  ,  ,  J  J  their  fanalies. 

the  purposes  contemplated  m  this  Act. 

3.  Sec.  II.  And  be  it  further  enacted,  That  the  said  Justices  shall  ^1,^.^^,,^^^ 
not  be    allowed  to  levy  and  collect  in  any  one  year,  for  said  pui'-|.''.^^'^f,„ty^^- 
poses,  more  than  100  per  cent,  on  the  State  Tax.     The  property  of  ;;^^;^""  state 
soldiers  now  in  the  service,  or  may  hereafter  go  into  such  service,  ^^p^'^^y^j"'" 
is,  and  shall  be  exempt  from  the  provisions  of  this  Bill,  except  that  ^^^^^^^^^^i^j'j'j^pt 
of  Commissioned  Officers. 

4.  Sec.  III.  And  be  it  further  enacted,  That  the  Justices  of  said  coiwtion  of 

i~i  iiiii  im  ^jii  ^    •         k      1  iijii         ""''li  tax,  and 

Court,  sliall  liave  tlie  laxes  contemplateii  hy  this  Act,  collected  by  ^f-s of  coucc- 
the    Collector  of  State  and  County  Taxes  of  said  county,   whose     " 
fees  shall  not  exceed  1^  per  cent,  on  said  amount. 

Sec.  IV.  Repeals  conflicting  Laws. 

Assented  to  December  12,  1S61. 

(No.  133.) 
An  Act  to  direct  and  empower  the  Inferior  Court  of  Stcivart  county  to 
levy,  collect,  and.  disburse  an  extraordinary  tcurfor  the  support  of  the 
indigent  families  (f  such  soldiers  as  have  gone,  or  may  hereafter  go  into 
the  service  of  the  Confederate  States  or  the  State  of  Georgia,  and  to 
appoint  Commissioners  for  th^  disbursement  of  said  tax,  and  to  legalize 
the  orders  or  judgments  of  the  Inferior  Court  of  said  county,  lehich  levied 
an  extraordinary  tax  for  the  year  ISGl,  and  provide  for  the  collection 
of  the  same. 

5.  Section  I.  Be  it  enacted  by  the  General  Assembly  (f  the  State  of 


124  PRIVATE  AND  LOCAL  LAWS.— Tax. 

Extra  Tax  in  Stewait  county. 

Qeorgia,  That  from  and  after  tlie  passage  of  this  Act,  the  Inferior 
Extrataxin  Court  of  Stewart  county  shall  have  power  to  levy  a  suflicicnt  tax, 
comitjfor     upon  the  State  tax,  from  year  to  year,  during  the  continuation  of 
"^'       the  present  vrar,  to  raise  such  an  amount  as  they  and  the  Commis- 
sioners to  be  hereafter  provided  for,  shall  in  their  judgment,  deem 
sufficient  to  provide  for  the  necessary  wants  of  the  indigent  fami- 
lies of  such  soldiers  as  have  gone,  or  may  hereafter  go  into  the  ser- 
Taxnottrxx-vice  of  thc  Coufederatc  States  or  the  State  of  Georgia;  F/ovidcd, 
^ioniuta  such  tax  shall  not  exceed  three  hundred  per  cent,  on  the  State  tax. 
*"■  6.  Sec.  II.  A?id  he  it  further  enacted,  That  all  persons  in  actual 

rmTffom''''' military  service  of  the  Confederate   States  or  State  of  Georgia, 
sue  tax.      -whose  taxable  property  docs  not  exceed  two  thousand  dollars,  shall 
be  exempt  from   the  payment  of  said  tax  ;   and  that  no  execution 
Executions    shall  bc  Issued  a^-ainst  tlie  property  of  any  person  vrho  is  in  actual 

for  collection        .,.,  .°  ipi^j  r  •  ji  c^  ±^ 

of  euch  tax.  military  service,  as  a  deianlt  tax  payer,  for  six   months  alter  the 
expiration  of  the  time  allowed  for  collecting  said  tax. 

7.  Sec.  III.  And  he  it  further  enacted,  That  the  Inferior  Court  of 
Commission-  Said  couiity  shall  have  power  to  appoint  five  or  seven  Commission- 
duties"'^  ^'"''"' ers,  whose  duty  shall  be  to  enquire  into,  and  report  to  said  Inferi- 
or Court  by  the  first  Monday  in  March,  for  each  and  every  year 
during  the  war,  the  amount  necessary  for  the  purpose  heretofore 
named,  and  superintend  the  disbursement  of  said  funds  as  they,  in 
their  judgment,  shall  deem  best. 

S.  Sec.  IV.  And  he  it  further  enacted.  That  the  Inferior  Court  in 
connexion  w'ith  the  Commissioners,  or  a  majority  of  said  Com- 
missioners, shall  have  power  to  contract  with  the  Tax  Collectors 
of  said  county,  or  some  other  person,  as  they  in  their  judgment, 
?u°ch" taxes. ""^ shal  1  decui  best,  for  the  collection  of  said  tax  ;  and  said 
Collectors  thus  appointed,  shall  have  all  the  powers  now  vested 
in  Tax  Collectors,  and  be  liable  to  all  the  penalties  now 
imposed  on  Tax  Collectors  of  this  State  for  failing  to  perform  the 
duties  of  their  oflice  ;  and  said  Collectors  shall  be  re([uired  to  give 
such  bond  and  security  for  the  faithful  performance  of  their  duties, 
as  said  Inferior  Court  and  Commissioners  shall  require,  and  shall 
pay  over  to  said  Commissioners,  all  taxes  by  them  thus  collected, 
within  ten  days  after  the  time  designated  by  the  said  Inferior  Court 
for  the  collection  of  said  taxes. 

9.  Sec.  V.  And  he  it  further  enacted,  That  the  said  Inferior  Court 
and  Commissioners,  or  a  majority  of  said  Commissioners,  through 
their  Collectors,  shall  be  permitted  to  allow  persons  who  desire  it. 
Certain  end-  sucli  suuis  as  d'cdits  ou  thc  amounts  assessed  against  them,  as  they 
lowed"' ^''  i^^^'y  have  paid  in  money  or  clothing  for  the  outfit  of  all  soldiers 
that  have  gone  into  the  service  of  the  Confederate  States  or  the 
State  of  Georgia,  up  to  the  passage  of  this  Act ;  Frovidcd,  such  per- 
son or  persons  shall  file  their  affidavit  with  the  Commissioners  of 
said  Court  [county?]  setting  forth  said  amounts  by  the  first  Mon- 
day of  February,  1SG2  ;  And  provided,  the  amount  given  in  money, 
to  any  one  soldier  shall  not  exceed  ten  dollars;  And  pro  rid  ed  fur- 
ther, that  the  credit,  or  credits  shall  not  exceed  the  amount  of  the 
assessment  for  one  year ;  but  said  credit  or  credits  may  be  allowed 


PRIVATE  AND  PUBLIC  LAWS— Tax.  125 

Extra  tax  in   Sumter  county. 

from  year  to  year,  until  the  amounts  paid  out  are  entirely  refund- 
ed ;  And  jvovidcd,  that  in  no  case  shall  credits  be  allowed,  for  more 
than  fifteen  dollars  in  money,  and  twenty  dollars  in  clothing,  fur- 
nished or  given  to  the  same  soldier,  although  the  amounts  may 
have  been  furnished  or  given  by  different  tax  payers. 

10.  Sec.  VI.  And  bcit furlhcr  enacted,  Thiit  the  cxtrsiorAma,Yy  tRX  Taxe^  a^oess- 
assesscd  by  the  said  Inferior  Court,  for  the  fiscal  year  1861,  for  thegaiized^*^'''^ 
relief  of  the  indigent  ffunilies  of  soldiers  in  actual  service  from  said 
county  be,  and  the  same  are  liereby  declared  legal  and  valid;  and 

the  tax  payers  of  said  county  shall  be  liable  to  pay  said  tax  as  fully 
as  any  State  or  county  tax. 

Assented  to  December  12,  ISGl. 

(No.  134.) 

An  Act  to  direct  mid  empower  the  Inferior  Court  of  Sumter  count  if,  or  a 
majontij  thereof  to  levi/,  collect  and  disburse  an  e.vtraordinari/  tax,  for 
the  support  (f  the  indigent  families  of  such  soldiers  from  Sumter  county, 
who  are  now,  or  mai/  hereafter  he  absent,  in  the  State  or  Coifederatc 
miUtarij  service,  and  for  other  imrposes  comiected' therewith. 

11.  Section  I.  Be  it  enacted  hij  the  General  Asscmhhj  of  the  State  of 
Georgia,  That  from  and  immediately  after  the  passage  of  this  Act,  j_^^._..^j. 
the  Inferior  Court,  or  a  majority  thereof,  of  the  county  of  Sumter,  i''""-'  "<■ 

II*  .         .   ,  -^  Sumter  toun- 

shall  levy  upon  the  taxable  property  ot  said  county  as  returned  to »>;j;\''yj'^^y 
the  Tax  Receiver  of  satid  county  for  the  present  year,  and  as  may "?  «'it'"' . 

1  ,  T      n  1  T  ^  f,  \  ■      of  soldiers  m 

be  returned  tor  each  succeedini!;  year  hereafter,  sucli  a  tax  as  luBHrvire  and 

,       .       .       ,  .,,  .  ,^  r         ^  «.     •  their lamilies. 

their  judgment  will  raise  an  amount  ot  funds  sulhcient  to  support 
the  indigent  families  of  such  soldiers,  who  have  left,  or  may  here- 
after leave  said  county,  and  are  now  or  may  herefater  become  en- 
gaged, either  in  the  Confederate  or  State  Military  service,  for  and 
during  the  time  of  said  service  ;  Provided,  said  levy  shall  not  exceed  such  tax  not 
three  hundreed  per  cent,  on  the  State  tax  now  paid  by  said  county. three huu- 

12.  Sec.  II.  Be  it  further  enacted.  That  the  said  Inferior  Court  at  ou'st'a'te''tu:; 
the  same  time,  or  within  ten  days  thereafter,  shall  appoint  some 
suitable  person  whose  duty  it  shall  be  to  make  up  by  districts,  two ''"'made  out" 
books  with  tlie  names  and  aggregate  amount  of  property  returned 

by  each  tax  payer,  as  they  may  appear  on  the  book  of  the  Tax  Re- 
ceiver of  the  county  of  Sumter  for  the  present  year;  and  shall  like- 
wise enter,  in  connection  with  said  names  and  amount  of  property 
returned,  the  amount  due  by  each  in  accordance  with  the  levy 
made  by  said  Inferior  Court;  and  shall  then  deposit  one  of  said 
books  with  the  Clerk  of  the  Inferior  Court  of  said  county,  and  the 
other  with  the  person  designated  by  tlu'  Inferior  Court  to  collect 
said  tax ;  and  shall  receive  for  said  service,  a  compensation  to  be 
determined  by  the  Inferior  Court. 

3  3.  Sec.  III.  Be  it  further  enacted.  That  the  said  Inferior  Court ^^,1^,^^^,^ 
shall  then  appoint  some  proper  person  whose  duty  it  shall  be  to**"  "pp"'"'*^'^- 
collect  said  tax  ;  the  person  thus  appointed  giving  bond  and  secu- 
rity for  the  faithful  performonce  of  said  duty,  in  such  an  amount  as 


12G  PRIVATE  AND  LOCAL  LAWS-^Tax. 

Extra  Tax  in   Sumter  county. 

may  be  detemiinecl  by  th«  said  Inferior  Court ;  and  shall  receive 
jiroper  compeusation  for  his  services,  to  be  determined  by  the  In- 
ferior Court. 

14.  Sec.  IV.  It  is  further  enacted,  That  the  Collector  thus  ap- 
pointed nnd  quaUfied,  shall  proceed  at  once  to  the  discharge  of  the 

coue^ctor.  clutics  of  liis  ollicc,  by  hrst  giving  ten  days  notice  in  the  public  ga- 
zette of  Aniericus,  and  by  posting  a  like  written  notice  at  some 
public  place  in  each  Justice's  district  of  said  county,  stating  the 
times  and  places  at  which  he  will  attend  to  collect  said  tax  ;  and  as 
the  same  may  be  collected  it  shall  be  the  duty  of  said  Collector  to 
pay  it  over  to  the  Inferior  Court,  or  their  order,  at  intervals  not 
longer  than  one  week;  and  if  within  sixty  days  after  the  expiration 
of  said  notice,  any  person  or  perstMis  shall  have  failed  or  refused  to 

Tax  Ex.'ou-  pay  said  tax,  then  and  in  that  case,  the  said  Collector  shall  issue 

tioDB   may  be  •'-•'..  ,  j  /•    i  p      ■ 

iesucd.  execution  agamst  the  property  oi  the  person  or  persons  so  reiusmg 
or  failing  to  pay  ;  and  shall  proceed  with  said  execution  in  the  same 
manner  as  now  autliorized  by  law  for  the  collection  ot  the  ordina- 
ry State  and  county  tax. 

15.  Sec.  V.  Be  it  further  enaQted,  That  the  said  Inferior  Court  of 
DUburse-  thc  couuty  of  Suuitcr,  shall  appoint  some  person,  whose  duty  it 
Snd^raiL'd  shall  be  to  disburse  the  fund  raised  by  said  tax,  under  the  supervis- 
bj  such  ta-'JQj-,  of  said  Inferior  Court,  and  in  accordance  with  such  rules  and 

regulations  as  the  said  Inferior  Court  may  adopt  with  a  view  to  an 
equitable  and  proper  disbursment  of  the  same.  And  the  said  Infe- 
rior Court  shall  have  the  same  control  and  power  over  said  olHcer 
as  they  now  have  by  law  over  their  county  Treasurer. 

And  Whereas,  Several  citizens  of  the  county  of  Sumter,  have 

Preamble,     niadc  tliclr  uotcs  and  have  thereby  raised  large  sums  of  money  which 

were  used  in  the  equipment  ot  the  Volunteers  of  said    county  ; 

And  JVhcrais,  the  refunding  said  sums  was  guaranteed  by  a  large 

meriting  of  the  tax  payers  of  said  county  : 

16.  Sec.  VI.  Be  it  therefore  enacted.  That  the  said  Inferior  Court 
Advance-  arc  hcrcby  empowered  and  directed  to  refund  the  several  amounts 
ize^"tl7bc're- to  tlic  pcrsous  tlius  making  their  notes,  from  the  monies  colllected 
'""'"'•       by  virtue  of  this  Act. 

17.  Sec.  VII.  Be  it  farther  enacted.  That  the  said  Inferior  Court 
is  hereby  authorized  and  directed,  to  examine  the  books  and  ac- 
counts of,  and  settle  with  the  Committee  appointed  by  the  citizens 
of  the  county  of  Sumter,  and  known  as  the  Military  Relief  Com- 

(>furt°to  set-Hiittee,  receiving  from  said  Committee  the  books,  money,  notes, 
lief'commit^  subscriptlous  and  provisions,  that  may  be  in  the  possession  of  said 
*"''•  Committee  at  the  time  of  settlement ;  and  shall  refund  to  said  Com- 

mittee all  monies  they  may  have  advanced  over  and  above  their 
collections  ;  and  shall  assume  the  payment  of  all  debts  contracted 
by  said  Counnittee,  pertaining  legitimately  to  the  duties  of  their 
office. 
Taxpovorflto  ^  §.  Scc.  VIII.  Bc  it  further  cnactcd ,  That  the  said  Inferior  Court, 
beaif.m-a     throusfli  their  Collector,  shall   allow  to  persons  desiriuii:  it,  such 

certain  crod-  O  '  A    .  o        ' 

»'»•  sums  as  credits  on  the  amounts  assessed  against  them,  as  they  may 


PRIVATE  AND  LOCAL   LAWS.— Tax.  127 


Extra  Tax  in  Tatnall  county. 


'on- 
forco 


have  actually  paid  in  money  or  provisions  heretofore  to  the  sup- 
port of  the  soldiers  I'amilies,  and  which  may  appear  to  have  been 
paid  by  the  books  of  the  Military  Relief  Committee  ;  Provided,  such 
credit  or  credits  shall  not  exceed  the  amount  of  the  assessment  for 
one  year,  but  may  be  allowed  from  year  to  year,  until  the  amount 
paid  in  is  thereby  refunded. 

19.  Sec.  IX.  Be  it  further  enacted,  That  this  Act  shall  not  apply  ^'tV.^vief 
to  any  soldier  in  actual  military  service,  whose  property  as  return- o"„?^idffln 
ed,  does  not  exceed  two  thousand  dollars  ;  and  no  execution  shall  t;,'",i;ir'''ro'! 
issue  against  the  property  of  a  person  in  actual  military  service, ;:;,'?',„''i"|2"-'" 
under  a  less  time  than  six  months  after  the  expiration  ot  the  time  t;!'^^,,.^,.^ J 
allowed  to  collect  Irom  such  persons  as  are  not  in  actual  military  ^'""'• 
service. 

20.  Sec.  X.  Ik  It  further  enacted,  That  this  Act  shall  continue 
and  be  in  force,  and  its  requisitions  shall  be  carried  out  by  the  said-);;|^,,t°;,_^ 
Liferior  Court  of  Sumter  county,  annually,  during-  the  present  war, '^;'/^!;,J''«.,j 
or  until  the  same  shall  be  amended  or  repealed;  all  laws  and  usages "'J;,";!;^"''''''- 
to  the  contrary  notwithstanding. 

Assented  to  December  6,  ISGl. 

(No.  135.) 

An  Act  to  confer  ccitahi  jwwers,  and  to  Impose  certain  duties  upon  the  In- 
ferior Court  of  Tatnall  county,  and  to  provide  for  the  collection,  by  tax- 
ation, of  money  to  aid  and  assist  the  Volunteer  company,  or  companies, 
now  raised,  or  to  be  raised  in  said  county  ;  and  to  ajf'ord.  such  aid  to  the 
families  of  the  soldiers  absent,  as  be  compatible  tcith  the  resources  of  the 
citizens  of  said  county. 

Whereas,  a  considerable  amount  of  money  has  already  been 
collected  from  certain  citizens  of  said  county,  by  voluntar}^  assess- 
ment and  collection  by,  and  from  them,  a  list  of  which  citizens  thus 
paying,  has  been  preserved,  and  the  amount  of  the  sums  raised  ap- 
pears from  memorandums  and  books  kept  by  a  committee  appoint- 
ed by  the  people  ot  Tatnall  in  primary  meeting  ;  And  JVhrrcas,  cer- 
tain other  persons  in  said  county,  have  not  voluntarily  or  other- 
wise contributed  to  the  support  of  said  volunteers  or  their  families, 
and  some  have  not  adequate  to  their  means  aided  in  such  contribu- 
tions, and  it  being  right,  proper  and  just,  that  the  burdens  of  com- 
mon defence  and  common  protection  against  our  common  enemy, 
should  be  borne  equally  by  all,  in  proportion  to  the  value  of  their 
propert)^ : 

2L  Section  L  Be  it  c?iactcd  by  the  General  Assembly,  That  the  In- 
ferior Court  of  said  county  be,  and  they  are  hereby  required  and 
empowered,  to  assess  such  taxes  upon  the  citizens  ol  said  county,  i..i'vkrt  and 
as  may  be  necessary  for  the  aid  of  the   volunteers  raised  in  said '^.tlnaii  J" 
county  and  their  llimilies,  (such  of  thein  as  may  be  needy,)  and  to»"MitrH^" 

have  the  same  collected  and  assessed,   as  is  now  done  by  the  laws 

of  the  state;  upon  thehrst  assessment  oi  taxes,  however,  such  dis-i"  luvoroi 

*■  ,  .  ,        tlioM'  who 

crimination  shall  be  made  in  behalf  of  those  who  have  voluntarily  i'«vc>uado 


128  PRIVATE  AND  LOCAL  LAWS.— Tax. 


Extra  tax  iu  Ware  t<i  build  a  Court  House. 


Toiunury     cootributed  already,  so  as  to  make  the  taxes  fall  equally  upon  the 
to^ewidier's citizens  alike,  in  proportion  to  the  value  of  their  property,  regard- 
ing said  just  discrimination. 

22.  Sec.  IL  And  be  it  further  enacted,  That  thereafter,  all  assess- 
ment^Tr't  meuts  of  taxcs  made  by  the  Inferior  Court,  shall  be  equally  alike 
^uLL"'^°^'^upon  every  citizen,  in  proportion  to  the  value  of  his  property,  there- 
by preserving  a  just  equality  in  the  burdens  of  taxation,  during  the 
present  war. 

23.  Sec.  III.  And  be  it  further  enacted,  That  the  taxes  when  so 
of  Buchtaxee.pQ]]g(,^g(j^  sliall  be  paid  over  to  the  county  Treasurer  as  a  military 

fund  for  the  benefit  of  said  volunteers,  and  their  families,  such  as 
may  be  needy,  and  paid  out  under  the  order  and  direction  of  the 
Inferior  Court  of  said  county. 
Treasurer  to      24.  Scc.  IV.  Bc  it  furlhcr  cnocted,  That  the  Treasnrcr,  before  re- 
givebond.     ceiving  said  sums  as  may  be  collected  under  this  Act,   shall  give 
bond  and  security  for  the  faithlul  application  of  the  money  that 
may  come  into  his  hands,  to  be  approved  of  by  the  Inferior  Court ; 
and  the  Treasurer  shall  keep  an  account  of  the  monies  received  and 
Trel^urer.  'paid  out,  in  a  separate  book  by  him  to  be  kept  for  that  purpose; 
and  shall  also  be  subject  to  be  punished  for  contempt  by  the  In- 
ferior Court,  in  the  event  of  his  refusal  to  account  for,  and  pay  out 
said  money  under  their  order  and  direction. 
Sec.  V.  Repeals  conflicting  laws. 

Assented  to  December  6,  ISGl. 


(No.  13G.) 

An  Act  to  rejical  An  Act  entitled  An  Act  to  ovthoiizcthc  luferior  Court 
of  Ware  county  to  asesss  an  extra  tax  for  the  imrposc  of  building  a 
Court  House  in  said  county,  and  for  other  2^iif'l>0ftcs. 

25.  Section  I.  Jk  it  enacted,  That  An  Act  entitled  An  Act  to 
S«e«?ed*'f.!r'  authoHzc  thc  Inferior  Court  of  Ware  county  to  assess  an  extra  tax, 
conrt"Hou.e  for  the  purposc  of  building  a  Court  House  in  said  county,  approv- 
wJcioBe..'''' cd  the  ninth  day  of  December    1859,*  be,  and  the  same  is  hereby 
repealed;  and  that  the  Inferior  Court  shall  not  levy  or  assess  any 
more  extra  tax  for  Court  House  purposes,  for  or  during  the  pres- 
ent war,  or  collect  any  tax  for  Court  House  purposes,  from  the  citi- 
zens of  Ware  county. 
,     .     ,     2G.  Sec.  II.  And  he  it  further  enacted,  That  all  monies  already 

Applicatiou  of  '■  ^     ,  1  '.Tiii  i'ij_j_i 

...oueys  here- (.o]|(3cted  bv  virtuc  of  the  above  recited  Act,  be  applied  to  the  sup- 

tofore  collect-  J  .,  -.  „         .,  j.*j.i  Oi-i. 

ed  for  that    -port  of  iudiffent  families  of  soldiers  oi  said  county,  in  tiie  fetate  or 

purpose.  1  O  . 

Confederate  service. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  December  12,  1861. 

*  For  this  Act,  sue  Acts  of  1S5'J,  p.  37 1. 


PRIVATE  AND  LOCAL  LAWS.— Tax.  ISS^ 


Act  to  tax  cattle  of    non-residents  in  Wilcox  repealed, — Extra  tax  in   WhitfielJ. 

(No.  137.) 

An  Act  to  repeal  An  Act  entitkd  An  Act  to  compel  all  persons  non-resi- 
dents of  the  counties  of  Wayne.,  Innnand  Wilcox  owning.,  penning  and 
grazing  stock  cattle,  in  said  counties,  to  return  and  paij  taxes  on  the 
same^  in  the  counties  aforesaid,  assented  to  Decern  be?'  I9th,  1859,*  sa 
far  as  relates  to  the  coimty  of  Wilcox. 

27.  Section  I.  The  General  .bsrmhly  <fthc  State  of  Georgia  do  enact,  a<i  rng  d*^. 
That  so  much  of  the  above  recited  Act  as  relates  to  the  county  ofafiV\?iu^. 
Wilcox,  is  hereby  repealed .  '^°- 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  December  17,  ISGl. 

*  Sec  Acts  of  1859,  p.  297. 


(No.  138.) 

An  Act  to  authorize  the  Inferior  Court  of  Whitfeld.  County,  to  levy  a  tax 
(f  not  exceeding  f ft y  per  ecnt.  upon  the  State'  tax,  and  to  authorize 
them  to  appropriate  the  same  to  the  families  of  those  that  may  be  absent 
cither  in  the  service  of  the  State  or  Confederate  ^States. 

28.  Section  I.  Be  it  enacted  by  the  General  Assembly  of  the  State  of      'V,jJ|ti 
Georgia,  That  it  shall  and  may  be  lawful  for  the  Inferior  Court  ofT^xjf«,f"f^ 
the  county  of  Whitfield,  to  levy  a  tax  of  not  exceeding  fifty  per '^  reiur of  " 
cent,  upon  the  State  tax,  and  appropriate  the  same  to  any  families!!" 
or  other  persons  that  may  be  found  in  need  on  account  of  the  ab- 
sence of  their  friends  in  said  service  ;  Provided,  also  that  the  parties 
applying  for  the  benefit  of  this  Act,  shall  furnish  to  the  Court  sat- 
isfactory evidence  that  they  are  actually  in  need,  and  have  no  oth- 
er means  of  support. 

Assented  to  December  11,  ISGl. 


r>idiln>. 


Note. — For  Act  appropriating  $33. -17  to  Mrs.  Marparot  Dillon,  for  excessive  tax  paid,  see 
Act  No.  1-23;  also  Act  No.  125  for  appropriation  of  $4.40  to  Aljiior  Hern  for  excess  of  ta.x  paid 
by  Iiini ;  and  same  Act  for  appropriation  of  $13.:5U  to  Wn>.  J.  Hush  for  excess  oftax  paid  by 
hiin.  See  al.so  same  Act  for  conditional  appropriation  to  Wesley  SluifHcld,  on  a  sindlar  act^ouut. 
For  Act  providing  tliat  Atlorneys-atdaw  failinpr  to  pay  their  professional  tax,  .'jhall  be  strickeu 
from  the  roll  of  Attorneys,  see  Act  Xo.  ">,  Pul)lic  Laws. 


tiT.-  i;y.»K'JP*» 


PRIVATE  AND  LOCAL  LAWS— Telegraph  CoMrANiEs. 


Georgia  Telegraph  Company. 


TITLE  XVII. 


TELEGRAPH  COMPANIES. 


Sec.  1.  Georgia  Telegraph  Company  incorpo- 
rated. 

"  2.  Powers  to  construct  and  use  Telegraph 
lines. 

"  3.  Capital  stock  and  shares. 

•"  4.  Board  of  Directors. 


Sec.  5.  Liability  of  stockholders  for  debts  of  Co. 
"  6.  Ollicers  and  operatorH  exempt  from  Mi- 
litia, Patrol  and  Jury  duty. 
"  7.  Privileges  and  restrictions  of  Magnetic 
Telegraph,  extended  to  Company. 


(No.  139.) 

An  Act  to  incnriwrdtc  (he  Georgia  Telegrajih  Company. 
Section  L  Be  it  etwcted,  That  John  P.  King,  John  Bones,  Rich- 
ard Peters,  and  their   associates    be,  and  the   same  hereby    crea- 
ted a  body  politic  and  corporate,  by  the  name  and  style  of  "The 
Tel-  Georgia  Telegraph  Company";  and  by  that  name  may  sue  and  be 

^"    sued,  make  contracts,  have  and  use  a  common  seal,  and  establish 

fS^s^    by-laws  not  inconsistent  with  the  Constitution  and    laws  of  this 

State,  or  of  the  Confederate  States. 
_        .  Sec.  IL  Be  it  further  enacted,  That  said  Company  shall  bo  author- 

o«Mtrocj  and  ixed  to  cstabHsh,  construct  and  manage,  use  and  control,  lines  of 

n«r  T«slepra|)l!  •        m    i  i         i  i  •  •    i    • 

^*»«-  Magnetic  Telegraph,  between  any  and  every  two  points  within 

this  State. 
ca»ai  rtork      ^^^'  ^^^'  -^"^  it  further  enacted,  That  the  capital  of  said  Company 
«3Aar.«.'^  shall  be  divided  into  shares  as  the  by-laws  may  provide,  transfera- 
ble according  to  said  by-laws,  and  shall  be  of  such  amount  as  may 
^        actually  be  required  for  the  lines  of  Telegraph  actually  erected  by 
*    *.      ,jt;bem. 
Tiui-fix  tf    ^^^'  ^^'  ^^  it  further  enacted,  That  said  Company  shall  be  nian- 
""^'^        aged  by  a  Board  of  Directors  elected  according  to  their  by-laws, 
^g^-^^^,..  who  shall  hold  their  meetings,  and  keep  their  principal  olhce  in  Au- 
"^  gusta. 

Sec.  V.  Be  it  further  enacted,  That  the  stockholders  of  said  Com- 
mSioui'r..  pany  for  the  time  being,  shall  be  jointly  and  severally  liable  for  all 

the  debts  contracted,  and  purchases  made  by  the  Company. 
VBeen  sn.i       ^cc.  VI.  Bc  it  fiirthcr  enacted,  That  all  Telegraph  operators  and 
:g;»^«»p;'f  officers  actually  employed  as  such  by  said   Company,  shall    be  ex- 
PSSoiaud''"' ^"^P^  from  military,  patrol  and  jury  duty,  during  such  actual  em- 
jurj  duty,    ploynient. 

.Sec.  VIL  Be  it  further  enacted,  That  said  Company  shall  be  enti- 
'^t^^X.  tied  to  the  privilege,  and  subject  to  all  the  restrictions  provided  for 
SSLrti.-'"  by  an  Act  to  authorize  the  construction  of  the  Magnetic  Telegraph, 
^^^u>  approved  on  the  twenty-ninth  of  December,  eighteen  hundred  and 
^^'Co^p'^'y forty-seven;*  Provided,  that  the  charter  herein  granted,  shall  not 
be  so  construed  as  to  intefere  with  the  chartered  rights  of  other 
Telegra})hic  companies. 

Sec.  VIII.  Repeals  conflicting  laws. 
Assented  to  December  17,  ISGl. 

*  For  this  Act,  see  Acts  of  1847,  p.  218. 


RESOLUTIONS 

ADOPTED   BY   THE 

GENERAL  ASSEMBLY 

OF   THE 

STATE  OF  GEORGIA, 

At  au  Animal   Session  in  1861t 


No.    L  Relative  to  a  bill  to  authorize  the  Jus-  No. 

tice's  of  the  Inferior  Courts  to  levy  an    " 

extra  tax  on  account  of  Soldiers  in  ser-    '' 

vice  and  their  families;  also  relative 

to  till'  assuniptiou  by  the  State  of  the    " 

Confederate  War  Tax. 
"       2.  Relative  to  monopolies,  extortion  and 

speculations. 
"       3.  Mes.srs.   Clark   and  Tucker,    Ageuts    " 

Georgia  Hospital  Association. 
"       4.  Election  of  Confederate  States  Sena- 
tors. •' 
"        5.  On  reduction  of  salaries.  " 
"       6.  Relative  to  Deaf  and  Dumb  Asylum.    '• 
"        7.  (Jrant   to   certain   lot  of  land   in   old 

Early,  to  be  issued  to  John  Sapp.  " 

"       8.  Boundary  line  between  Georj^ia  and 

Florida.  '  " 

•"       9.  Rev. C.W.Thomas. 
''     10.  Relative  to  the    prosecution  of  the    " 

War. 
"     11.  Duties  and  pay  of  Secretary  of  State    " 

as  to  Surveyor  Generals  Ofiice. 
"      1~.  Resolutions  as  to  collection  of  cotton    " 

and  other  crops  in  (Jeorj^ia. 
"      13.  Instructions  to  Tax  Collectors  to  be 

issued  by  Comptroller  General. 

(No.  1.) 

Resolved,  That  the  Committee   on  Finance  of  the  Senate  and 
House  of  Representatives,  be  instructed  to  act  as  a  joint  committee  mutTJs""^ 
and  report  appropriate  bills,  so  soon  as  it  may  be  practicable,  toto'aotai 
the  House  of  Representatives,  (where  alone  such  bills  can  origi-^"'" 
nate,)  upon  the  following  subjects,  to-wit: 

1st.  Authorizing  the  Inferior  Courts  of  the  several  counties  in  wn  to  author- 
this  State,  to  levy  such  extra  tax  as  may  be  necessary  to  defray  theu"raiie  a  ci. 
expenses  said  counties  have  incurred  in  raising  and  equipping  cora-ccnaiupur- 
panies  for  the  war  and  providing  for  the  families  of  said  companies. ^'"roport  a 

2nd.  Providing  for  the  equalization  of  said  burthens  throui;hout«uch  tax 

_    O  I  O  .  -anicDf  all  tho 


14.  Tax  Collectors  and  Comp.  General. 

15.  Relative  to  tiie  blockade. 

Ui.  liesolutions  relative  to  the  resolutions 
passed  by  Tennessee. 

17.  Copy  of  the  Act  to  prevent  specula- 
tions, extortions  and  monopolies,  to  be 
sent  to  Governors  of  each  State  in 
Confederacy. 

18.  Tax  Collectors  and  Comptroller  Gen- 
eral as  to  settlements  for  taxes  raised 
by  sale  of  lands  of  alien  enemies. 

19.  Cen.sus  Takers. 

20.  Committee  on  Penitentiary. 

21.  Repeal  or  modification  of  the  Seques- 
tration Act  rcconmicnded. 

22.  Tender  of  State  Troops  to  Confederate 
Government. 

£3.  Supreme  Court  Reports  to  be  sent  to 
Dade  county. 

24.  Relative  to  establishing  a  mail  route 
from  Bengal  to  Reidsvillc.  >. 

25.  Asserting  (jeorgia's  right  to  all  lands 
witliin  liur  limits. 

2G.  Adjonrnment  of  General  Assemblj'. 


Finance  Com- 

ittees    of 
bdth  ricnises 


Tiiroport  a 
bill  for  .Stato 


the  State,  so  that  each  county  may  bear  its  i)ro  rata  share  of  saidi<.mit'<-B 

,  ,  ,  J  J  1  l(„.  state 

burthens. 

3d.  Authorizing  and  requiring  the  assumption  by  the  State  of" 
the  existing  Confederate  War  Tax.  v 

Assented  to  Nov.  16,  ISGl. 


132 


RESOLUTIONS. 


Speculation,  Monopoly  and  Extortion.— Messrs,  Clake  and  Tucker. — Confederate  States  Senators- 


PrcMiible. 


Judiciarr 
CoinmittPOB 
of  Senatf  aud 
HiKise  to  con- 
fer togplhiT 
and  report 
bill  to  gup- 
pri'S«  RpprlllB- 
tion  and  e.\- 
tortiou. 


Mcssr«. 
Clarke  t 
Tu.ker  Af[t' . 
of  Geoigia 
HoBpital   At 
Bociation. 


(No.  2.) 

Whereas.  A  system  of  speculation,  monopoly  and  extortion,  in 
many  articles  absoluteh'  necessary  to  subsistence  of  the  people,  is 
now  being  practiced  in  the  State  by  selfish,  base,  and  unprincipled 
persons,  in  violation  of  the  common  dictates  of  humanity  and  pa- 
triotism— be  it  therefore 

Rrsolral,  That  the  Judiciary  Committees  of  the  Senate  and  House 
of  Representatives  jointly  be,  and  they  are  hereby  instructed  to 
enquire  into  the  power  of  the  General  Assembly  to  suppress  such 
speculation,  and  report  by  bill  or  otherwise,  as  early  as  practicable, 
the  most  efiectual  means  of  accomplishing  such  suppression. 

Assented  to  November  IG,  1S61. 

(No.  3.) 

The  Rev.  Messrs.  Clark  and  Tucker,  Agents  for  the  Georgia 
Hospital  Association  being  present  on  a  mission  in  behalf  ot  said 
Association_, 

Resolved  bij  the  Senate,  with  tlu  concurmicc  of  the  House  of  Rpere- 
sentatices.  That  the  Senate  repa  r  to  the  Representative  Hall,  this 
day  at  12  o'clock,  M.,  to  hear  from  said  gentlemen  on  the  subject 
of  their  mission,  for  one  hour. 

Assented  to  November  16,  18G1. 


(No.  4.) 

.  Whereas,  It  has  been  made  tlie  duty  of  thepresent  Legislature," 
Preamble,     uudcr  thc  ucwly  adopted  Constitution  of  the  State  of  Georgia,  to 
elect  two  Senators  to  the  Congress  of  the  Confederate  States  of 
America,  therefore  be  it 

Resolved,  hij  the  Senate  and  House  of  Representatives  in  General  As- 
cSe"ate  sc77iblij  met,  That  the  SenL'te  meet  the  House  of  Representatives,  in 
state,  sena.^j^.^  ^^Il^  ^^^  Tucsday,  thc  19th  instant,  at  11  o'clock,  A.  M.,  to 
elect  two  Senators  to  the  Confederate  Congress,  under  thc  provi- 
sions of  the  Constitution  of  the  State  of  Georgia. 
Assented  to  November  IS,  1S61. 

(No.  5.) 

Whereas,  The  crisis  upon  the  country  produced  by  war  and 

•''  financial  embarrassments,  imperatively  calls  for  the  ado}»tion  of  a  sys- 

Preau.bie.     tcm  of  retrenchment  in  therechiction  of  expenses  of  tite  Government 

by  reducing  the  salaries  of  the  principal  officers  and  otherwise, 

thereby  relieving  the  people  of  Georgia,  to  some  extent,  from  the 

burdens  of  taxation,  which  are  pressing  upon  them,  therefore  be  it 

Committee  to      Resolvcd,  Tluit  a  special  committee  of  live  be  appointed  by  the 

rXIfc^" House  to  confer  with  a  like  committee  to  be  appointed  by  the 

''"'■  Senate,  to  take  into   consideration  the  propriety   of  reducing  the 

salaries  of  all  the  principal  officers  of  the  State,  and  ^mr  diem  pay  of 


RESOLUTIONS.  133 


Deaf  and  Dumb. — John  Supp. — Boundary  between  Georgia  and  Florida. 

members  of  the  Legislature,  and  to  what  extent  this  reduction  shall °';',,J;,'^°;  ^^.. 
be  made,  and  to  report  by   bill  or  otherwise,   at  the  earliest  day  ;j";'the'i/"iu. 
practicable;  and  to  request  our  members  in   Congress  to  use  their ,'1';,!"''^,^^^^;^, 
influence  to  have  the  salaries  of  officers  of  the  Confederate  Govern- ^'[^^"^J;^^^^'- 
ment,  both  civil  and  military,  reduced.  reduced. 

Assented  to  November  16,  ISGl. 

(No.  6.) 

Resolved,  That  the  standing  committee  of  the  Senate  and  House  joj^tcom- 

of  Representatives  on  the  Deat  and  Dumb  Asylum,  be  constituted '^fj^^^^ 

a  joint  standing  committee  for  the  investigation  of  the  of  the  affairs  j^'''^*'* 

of  the  same ;  that  His  Excellency  the  Governor,  be  required  to 

furnish  said  committee  any  documents  or  communications  which 

he  may  h&,ve  in  his  possession  pertaining  to  the  same ;  and  that 

this  resolution  be  transmitted  to  the  House  of  Representatives  for 

its  concurrence,  immediately. 

Assented  to  November  IS,  ISGl. 

r 

(No.  7.) 

Whereas,  Lot  of  Land  No.  10,  in  the  1 1th  District  of  originally 
Early,  now  IMitchell  county,  w\ts  reserved  among  others  for  school 
purposes,  and  not  drawn  for  in  the  Laud  Lotter}" ;  And  whereas.  Said 
Lot  No.  10,  was  sold  under  Executive  order,  at  public  outcry,  and 
knocked  off  to  one  Bradley  for  a  valuable  consideration,  whereupon 
the  said  Bradley  received  from  the  Sheriff  making  the  sale  as  afore- 
•said,  a  certilicate  of  said  sale  and  purchase,  upon  which  to  receive 
a  grant  of  said  Lot  No.  10;  And  ivhcrcas,  Said  certificate  was  trans- 
ferred to  one  Johu  M.  Robinson,  and  by  said  Robinson  to  John 
Sapp  of  Mitchell  county,  which  certificate  has  been  lost  and  [ort] 
destroyed  ;  therefore  be  it 

Rcsidvcdhti  tJic  General  Assend)li/,  That  the  Governor  be  authorized (^ov'rnor  to 

1         •  1  T     1  1  •  T     X  i'    T  ..  iR8u<?  graut  to 

to  cause   to  be  issued  to  John  Sapp.  a  grant  to  said  Lot  oi  Land'^no-Sapp.to 
No.  10,  in  the  11th   District  of  originally  Early,  now  Mitchell ntbpi»tri<-t 

'  O  J  J  '  of  old  Eorlv, 

county.  "ow  MitcheU 

Assented  to  November  22,  ISGl. 

(No.  S.) 

Resolved  bij  the  Senate  and  House  of  Represenfalives,  That  Georgia 
is  deeply  concerned  in  having  the  boundary  line  between  her  andn.mdary  lino 
her  sister  State  of  Florida,  permanently  settled  and  fixed.  An  end(r.-<"si«  and 
to  the  unfortunate  controversy,  which  has  been  pending  so  long,  is 
due  alike  to  the  citizens  of  both  States,  bordering  upon  the  line  of 
dispute.  The  settlement  of  this  question  is  demanded  that  no  in- 
fringement upon  the  sovereignty  of  either  State  shall  happen,  nor 
any  question  arise,  as  to  c6nt]icting  jurisdictions.  The  undisputed 
right  of  citizenship  and  allegiance  should  no  longer  be  kept  in 
doubt;  and  the  limits  of  the  respective  sovereignties  should  be 
fully  determined,  recognized  and  understood. 


134  RESOLUTIONS. 


Boandary  between  Georgia  and   Florida. 


1795 


The  Legislature  of  Georgia  desires  to  address  the  Legislative 
authority  of  Florida  in  a  spirit  of  amity  and  kindness ;  and  to  appeal 
to  her,  upon  the  principles  of  comity  and  good  neighborhood,  to 
contribute  everything  she  can,  compatible  with  her  honor  and  sense 
of  light,  to  the  adjustment  of  our  unsettled  boundary,  a  source  of 
irritation,  discontent  and  dissatisfaction.  The  State  of  Georgia  is 
not  unaware  of  the  points  ofdifierence  existing  ever  since  the  treaty 
Treaty  u:  bctweeu  the  United  States  and  Spain,  of  1795,  (and  even  prior 
thereto.)  She  understood  her  boundary.  The  3rd  Article  of  tlie 
Treaty  of  1795  defines  what  should  be  the  correct  line  of  division  ; 
which  is  in  these  words  :  "  The  southeru  boundary  which  divides 
their  territory  from  the  Spanish  Coloniesof  East  and  West  Florida, 
shall  be  designated  by  a  line  beginning  on  the  river  Mississippi,  at 
the  northernmost  part  of  the  thirty-first  degree  of  latitude  north 
of  the  Equator,  which  from  thence  shall  be  drawn  east  to  the 
middle  of  the  river  Apalachicola  or  Chattahoochee,  thence  along  the 
middle  thereof  to  its  junction  with  the  Flint;  thence  straight  to  the 
^  head  of  the  St.  Mary's  river,  and  thence  down  the  middle  thereof 

to  the  Atlantic  Ocean."  Commissioners  were  appointed  under  the 
treaty  to  perform  their  duty  in  running  the  line  designated  by  the 
terms  thereof;  and  the  mode  of  proceeding  by  said  treaty,  is  declared 
thus:  "In  order  to  carry  the  preceding  Article  (tlie  8rd  Article,)  into 
effect,  one  Commissioner  and  one  Surveyor  shall  be  appointed  by 
each  of  the  contracting  parties,  who  shall  meet  at  the  Mathchez,  on 
the  other  side  of  the  river  Mississippi,  before  the  expiration  of  six 
Mode  of  months  from  the  ratification  of  this  Convention ;  and  they  shall 
j,""e°u"farr''  pi'oceed  to  run  and  mark  this  boundary  according  to  the  stipula- 
im'""'^"^  "'"  tionsof  said  Article.  They  shall  make  plats,  and  keep  journals  of 
the  proceedings,  which  shall  be  considered  part  of  this  Convention  ; 
and  shall  have  the  same  force  as  if  they  were  inserted  therein." 
From  the  Mississippi  to  the  Chattahoochee  they  executed  their 
commission  according  to  the  stipulations  of  the  treaty.  The  re- 
maining part  of  their  duty  they  failed  to  peribrni.  •  Tlie  point  of 
departure  and  the  point  of  termination  are  both  fixed  by  the 
treaty  ;  and  it  is  provided  that  said  ('onmiissioners  should  run  and 
mark,  to  and  from  those  points.  The  points  referred  to  are  from 
the  junction  of  the  Flint  and  Chattahoochee  rivers,  to  tlie  head  of 
the  St.  Marys.  It  is  a  historical  fact  that  no  surveys  were  made  be- 
tween the  junction  of  the  Flint  and  Chattahoochee  rivers,  and  .the 
headof  theSt.  Marys,  on  account  of  Indian  disturbances;that  Ellicott 
••  designated  on  his  plat,  Mound  B.,  as  being  a  little  north  of  the 

head  waters  of  the  St.  Marys,  and  being  the  northern  branch  of 
the  said  river,  and  consented  that  this  point  should  indicate  the 
true  source  of  said  stream,  may  probably  be  insisted  upon;  but  the 
fact  is  un([uestioiiable  that  no  such  power  was  given  him  ;  he  hav- 
ing power  to  act  as  a  simple  Commissioner,  his  duties  and  powers 
being  limited  by  the  treaty,  which  was  the  supreme  law  of  the 
land.  The  evidence  now  exists  that,  at  the  time  the  Commis- 
sioners were  endeavoring  to  ascertain  the  head  of  the  St.  Marys 
river,  that,  on  account  of  the  heavy  rains  and  heavy  freshets  conse- 


I 


RESOLUTIONS. 


Boundary   between  Georgia  and  Florida. 


quent  thereupon,  the  low,  flat  district  of  country  from  whence  the 
source  of  the  river  takes  its  rise,  it  was  impossible  for  them  to  de- 
determine  the  fact.  In  fact  Mound  B.  is  not  near  the  head 
source  of  said  river,  which  is  now,  (since  the  country  is  settled.) 
capable  of  the  fullest  and  most  conclusive  proof.  Florida  insists 
that  Mound  B.  should  be  regarded  the  fixed  point  to  determine 
the  head  waters  of  the  river  St.  Marys.  Georgia  insists  that  the 
most  southern  branch  of  the  ri^^er  is  the  longest,  and  has  the  great- 
est volume  of  water ;  and,  therefore,  that  the  dividing  line  between 
the  two  States,  from  the  junction  of  the  Flint  and  Chattahoochee 
rivers,  shoiiM  be  run  to  the  head  of  the  most  southern  stream. 
Thus,  it  will  bo  seen,  that  if  Georgia  insists  upon  her  view  of  the 
subject,  she  will  claim  a  considerable  portion  of  the  territory  of  the 
State  of  Florida,  and  include  many  valuable  citizens  within  the 
jurisdiction  of  Georgia.  On  the  other  hand,  if  Florida  should  ad- 
here to  her  views,  she  would  embrace  a  part  of  the  territory  of 
Georgia,  and  also  take  within  her  jurisdiction  many  of  the  re- 
cognized citizens  of  Georgia.  It  is  obvious  to  the  two  States, 
holding  these  adverse  positions,  and  insisting  upon  the  abstract 
rights  set  up  by  each,  _a  settlement  of  the  contested  boundary  is 
impossible  without  long  and  tedious  litigation  between  the  two 
States,  and  before  the  Supreme  Court  of  the  Confederate  States. 
The  two  sovereignties,  from  their  position,  being  competent  to 
adjust  these  ditierenccs,  it  seems  to  the  Legislature  of  Georgia  that 
the  question  of  boundary  between  them  can  be  settled  in  a  manner- 
more  compatible  with  the  dignity,  peace,  friendship,  amity,  and 
good  will  of  both. 

The  General  Assembly,  to  avoid  further  dispute,  proposes  to 
her  sister  State,  Florida,  that  what  is  denominated  the  Watson 
line,  (which  will  leave  in  the  limits  of  this  State,  the  fractional  lots 
of  land  heretofore  sold  under  an  Act  of  her  Legislature,)  shall  be 
adopted  as  the  boundar)-  line.  The  settlenient  upon  this  basis,  will 
not  interfere  with  the  rights  of  citizenship,  as  claimed  by  the  citi- 
zens of  either  State.  The  position  of  the  two  States,  united  by  a 
common  interest,  and  sharing  perils  alike  with  each  other  in  resist- 
ing a  common  enemy,  are  considerations  which  require  that  border 
ditHculties  and  disputes,  and  all  causes  of  irritation,  should  be  put 
an  end  to. 

Be  it  therefore  rcsulvcd,  That  his  Excellency  the  Governor,  be  re- 
quested to  transmit  the  foregoing  preamble  and  these  resolutions, 
to  his  Excellency  tlu?  Governor  of  Florida,  with  a  request  that  ho 
submit  the  same  to  the  Legislature  of  Florida. 

And  resolved  further,  That  the  Governor  do  appoint  two  Commis- 
sioners to  visit  the  Seat  of  Government  of  the  State  of  Florida; 
who  are  hereby  clothed  with  authority  to  negotiate  and  settle  the 
boundary  line,  with  the  authorities  of  Florida,  upon  the  terms  pre- 
scribed in  the  aforesaid  recital  and  preamble,  or  upon  such  other 
terms  as  will  include  within  the  limits  of  Georgia,  the  lots  ajid  frac- 
tional lots  of  land  disposed  of  by  the  authorities  of  the  State  of 
Georgia.  Assented  to  Dec.  11,  1861. 


136 


RESOLUTIONS. 


Eev.  C.  W.  Tbomfts  — Confederate  States.— OflSces  of  Surveyor  Gon.  and   Sec'y    of  State. 


Tieaiohi<- 


«,*».  C.  W. 


iDiCToliition 
■of  the  old 


(No.  9.) 

Whereas,  Rev.  C.  W.  Tliomas,  formerly  Cliaplain  in  the  U.  S. 
Navy,  was  the  first  to  resign  his  position  and  tender  his  resignation 
to  the  U.  S.  Government;  and  whereas,  he  has  not  been  assigned 
any  position  in  the  servici'  of  the  Confederate  States,  therefore, 

Rrso/ntJ,  That  the  General  Assembly  of  the  State  of  Gcoi-gia, 
do  respectfully  request  the  Congress  of  the  Confederate  States,  or 
the  War  Department,  to  provide  for  the  said  Rev.  C.  W.  Thomas, 
some  position  either  in  the  Army  or  Navy  of  the  Confederate  States, 
correspondent  to  the  rank  and  position  held  by  him  in  the  Navy  of 
the  United  States. 

Assented  to  December  11,  1861. 

(No.  10.) 

Resohrd,  by  the  Senate  and  Hovse  of  Rcjnescnfa'ivcs  of  the  Stale  of 
Georgia  in.  General  Asscmhhj  met,  That  it  is  the  sense  of  this  Gener- 
al Assembly,  that  the  separation  of  those  States  now  forming  the 
Confederate  States  of  America,  from  the  United  States  is,  and  ought 
to  be  final  and  irrevocable;  and  that  Georgia  will,  under  no  cir- 
cumstances, entertain  any  proposition  from  any  quarter,  which  may 
have  for  its  object  a  restoration  or  fe-construction  of  the  late  Un- 
ion, on  any  terms  or  conditions  whatever. 

Resolved,  That  the  war  which  the  United  States  are  waging  up- 
toonthe  Confederate  States,  should  be  met  on  our  part,  with  the  ut- 
most vigor  and  energy,  until  our  independence  and  nationality  are 
unconditionally  acknowledged  by  the  United  States. 

^Resolced,  Th  it  Georgia  pledges  herself  to  her  sister  States  of  the 
Confederacy,  that  she  will  stand  by  them  throughout  the  struggle 
J — she  will  contribute  all  the  means  which  her  resources  will  supply, 
so  far  as  the  same  may  be  necessary  to  the  support  of  the  conmion 
cause,  and  will  not  consent  to  lay  down  arms  until  peace  is  estab- 
lished on  the  basis  of  the  foregoing  resolutions. 

Approved  December  11th,  1S61. 

(No.  11.) 

Whereas,  By  an  Act  passed  at  the  present  Session  of  the  Gener- 
al Assembly,  the  offices  of  Surveyor  General  and  Secretary  of  State, 
have  been  consolidated  ;  and  whereas,  many  of  the  Maps  and  Charts 
in  the  Surveyor  General's  office  are  very  much  mutilated  and  worn 
out; 

Be  it  resolved,  by  the  Semite  and  House  of  Representatives,  That  the 

Secretary  of  State  for  the  time  beijig,  and  his  successors  in  office, 

^",^l7  s"'n- be,  and  he  is  hereby  required   to  make  new  all  Maps  and    Charts, 

^"lu^yfvthat  are    now  worn  out  or  mutilated,  and   see  that  the  Records  in 

said  office  are  preserved  and  neatly  kept;  and  as   a  compensation 

for  his  services,  the  Secretary  of  State,  for  the  time  being,  and  his 

successors  in  office,  shall  receive  all  the  fees  arising  in  the  Surveyor 

General's  office,  of  whatever  kind.. 

Assented  to  December  14,  ISO  I. 


'  W»r  to  be 


pl(^R«   to 
ttMai  by  til 
ifltkirr  etrad 


We. 


RESOLUTIONS.  137 


Cotton  Crop. — Tax  Collectors. 


Report. 


(No.  12.) 

The  Committee  on  the  state  of  the  Republic,  to  whom  the  Joint 
Resolutions  of  the  Legislature  of  Tennessee  were  referred,  have 
had  the  same  under  consideration,  and  instruct  me  to  report  that 
it  is  with  pride  and  gratification  that  they  see  in  in  the  spirit  of  the 
propositions  of  our  sister  State,  (the  cheif  products  of  whose  soil 
are  provisions,)  the  manifestation  of  a  lofty  and  unselfish  patriot- 
ism, worthy  of  emulation,  and  in  keeping  with  the  exalted  charac- 
ter of  the  "Volunteer  State,"  and  they  recommend  the  passage  of 
the  following  resolutions,  and  that  the  same,  together  with  the 
propositions  of  the  State  of  Tennessee,  be  published  in  the  Mil- 
ledgeville  newspapers  of  this  State. 

licsolvrd,  That   the    Legislature  of  the   State  of  Georgia  most 
earnestly  recommend   to  tlie  planters  of  this  State,  to  reduce  the oi"o°r^l  n- 
quantity  of  the  Cotton  Crop  for  the  year  1S62,  and  to  crow  grain  tnXV 

■^1,,  ''  ..  J.1-  ai     •     \  x-x-         X  their  cotton, 

and  other  provision  crops,    not  only  in  sumcient  quantities  to  sup-audincrea»o 
ply  the  consumption  of  our  people  at  home,    but  for  the  supply  offropB.*^""* 
our  troops  in  the  field. 

Resolved  further,  That  his  E.xcellency,  the  Governor,  be  request- g'TOofthu 
ed  to  forward  a  copy  of  this  report  to  the  Governor  of  Tennessee, K'sointiong 
and  the  Governors  of  each  of  the  other   Confederate  States,  with£'-o^v^|- 
request  that  the  same  be  laid  before  their  respective  Legislatures,  tjif'stat.  sin 
if  in  session ;  and  that  he  also  forward  a  copy  to  the  President  oU^  states, 
the  Confederate  States. 

Assented  to  December  14,  1S61. 

(No.  13.) 

Resolved,  That  the  Comptroller  is  hereby  directed  to  issue  such  saie  ofprop- 
instructions  to  Tax  Collectors  throughout  Georgia,  as  will  prevent  .",?w,i'iei.^'^° 
all  further  proceedings  for  the  sale  of  lands  heretofore  held  by  per- 
sons now  alien  enemies,    until  after  the  General  Assembly  shall 
have  taken  further  action  on  the  subject. 

Assented  to  December  14,  1861. 

(No.  14.)  . 

Whereas,  By  a  Joint  Resolution  of  this  General  Assembly,  the 
Comptroller  General  is  directed  to  issue  such  instructions  to  Tax 
Collectors  throughout  Georgia  as  will  prevent  further  proceedings'""""^'*" 
for  the  sale  of  lands  heretofore  held  by  alien  enemies,  until  after 
the  General  Assembly  shall  have  taken  further  action  on  the  sub- 
ject. 

And  Whereas,  The   above  stated  Resolution  does  not  direct  the 
Comptroller  General  how  to  settle  with  Tiix  Collectors  when  they  ^''••■'""bie. 
wish  to  make  their  final  settlement  and  obtain  a  full  receipt,    for 
remedy  thereof, 

Be   it  further   Resolved,  By  the  General  Assembly  of  Georgia, 
That,  upou  any  Collector  producing  to  the  Comptroller  General  a 


138  RESOLUTIONS. 


Blockade. — Resolutions  from  Tennessee. 


certificate  from  the  Inferior  Court  of  his  county,  stating  the  name 
T^couL  or  names  of  the  alien  enemies  whose  land  is  now  subject  to  be  sold 
comptrVT  for  taxes,  and  further  certifying  the  amount  of  State  tax  due  on 
re^Srr't^  the  same,  the  Comptroller  General,  if  satisfied  that  the  amount 
ou"l^"un't'Mf stated  is  correct,  is  hereby  authorized  to  allow  the  Tax  Collector 
of'^aHeV^^.t  credit  for  the  same,  on  his  account,  together  with  any  reasonable 
'""'•  advertising  foe  which  said  Collector  ma}^  liavc  paid  for  advertising 

said  lands;  and  that  such  settlements  be  enteredon  the  ComptroU- 
'  er's  book,  in  the  same  manner  that  settlements  now  made  with  the 

Tax  Collector  are  entered  on  the  Books  of  said  office. 
Assented  to  December  16,  ISGl. 


*'''■  (No.  15.) 

Whereas,  The  Forts  of  the  Confederate  States  of  America  are 
now  blockaded,  or  attempted  to  be  blockaded  by  the  Government 
of  the  so-called  United  States  ;  And  Whereas,  said  Confederate 
States  are  not  now  receiving  any  revenue  in  consequence  of  said 
attempted  blockade : 

Be  it  therefore  Resolved,  That  the  State  of  Georgia  in  General  As- 

t^'^Biock"   sembly  met,  do  urge  her  Representatives  in  the  Congress  of  the 

"^®-  Confederate  States,  to  exert  their  influence  to  ojien  the  Ports  of  the 

Confederate  States,  free  of  duty,  to  all  friendly  nations,  during  the 

existence  of  the  War  between  the   Confederate  States  and  the  so 

called  United  States. 

Assented  to  December  10,  1S61. 

(No.  IG.) 

Resolved,  The  House  concuring,  1st.  That,  in  tlio  opinion  of  this 
Reiointiong   General  Assembly,  the  disinterested  spirit  of  fraternity  and  regard 
kture  o^"^'"  for  the  common  welfare  breathed  in  the  resolutions  of  the  State  of 
Tcuuebdtc    Tennessee,  now  under  consideration,    is  worthy  of  all  admiration, 
and  of  all  emulation. 

We  would  assure  the  General    Assembly  of    Tennessee,   and 
through   that  body,  the  people  of  the  State,    that  the  people  of 
Georgia  warmly  reciprocate  the  kind  spirit  so  manifest,   not  only 
\i\  the  Resolutions,  but  in  all  the  acts  of  Tennessee  towards  her  sis- 
ter Confederate  States.    To  the  other  Confederate  States  of  Amer- 
ica., we  also    take   occasion  to    extend  the  friendly   greetings  of 
Georgia.     AVe  would  assure  them  that,  while  we  honor  Tennessee 
for  the  sagacity,  as  well  as  patriotism  of  the  proposition  under  con- 
sideration, we,  and  the  people  we  represent,  sincerely  cherish  for 
each  of  them  the  warmest  sentiments  of  admiration  and   of  amity. 
A  common  cause,  a  common  destiny — the  common  suileringof  our 
soldiers  in  the  field,  side  by  side  with  each  other,  keep   us  all  con- 
tinually reminded  that,  ive  are  brethren. 
sentimeuta        Rcsolvcd,  2nd,  That  tlic  proposltlou  of  Tennessee  meets  the  liear- 
LBoiiu°onr''ty  concurrence  of  our  judgment;  and  we  reconunend  the  policy 
tIJe'r'poii.w  therein  set  forth  to  tlie    careful  consideration  of  every  planter  in 
ed,  Georgia. 


RESOLUTIONS.  139 


Moaopolies  and  Extortion — Land   of  alien  enemies. 


Resolved  3d,  That  the  Resolutions  of  Tennessee  be  entered  on  Toi.e  entered 
our  Journals,  together  with  these  Resolutions;  and  the  Governor  "mis.  "^  °"^ 
is  hereby  requested  to  transmit  these  Resolutions  to  the  Governor  ReeoiutionB'* 
of  Tennessee,  with  a  request  that  he  deliver  the  same  to  the  Gen- Governor  of  ° 
eral  Assembl}'^  of  that  State. 

Assented  to  December  16,  1861. 

(No.  17.) 

Resolved,  bij  the  Senate  and  House  of  RcprescJitafives  of  the  State  of 
Georgia,  That  His  Excellency  be,  unci  lie  is  hereby  requested  to  ^™t'°P!;^u,jj. 
have  transmitted  to  cac'i  ol  the  Governors  of  the  Confederate  ;,',\p,-',™"s^^ 
States,  a  copy  of  the  Act  passed  bythe  General  Assembly  of  Geor-};;^"^^;"^.'" 
gia,  entitled  "An  Act  to  prevent  monopolies  and  extortions  in  thissf'^f  ^"[15^ 
State,"  with  the  request  that  the  same  shall  be  laid  before  the  Geu-'^"'^'''^"''^- 
eral  Assemblies  of  said  States  respectively. 

Resolved,  That  we  most  respectluUy  solicit  the  General  Assembly 
of  each  of  said  States,  to  take  such  action  as  to  them  may  seem 
best  to  prevent  monopolies  and  extortion,  with  a  view  to  equalize 
the  prices  of  necessity,  and  army  supplies. 

Assented  to  December  16,  1861. 

(No.  18.) 

Whereas,  By  a  Joint  Resolution  of  this  General  Assembly,  the 
Comptroller  General  is  directed  to  issue  such  instructions  to  Tax „ 
Collectors  througliout  Georgia,  as  will  prevent  further  proceedings 
for  the  sale  of  lands  heretofore  held  by  alien  enemies,  until  after 
the  General  Assembly  shall  have  taken  further  action  on  the  sub- 
ject : 

And  Whereas,  The  above  stated   Resolution    does  not  direct  the 
Comptroller  General  how  to  settle  with  Tax  Collectors  when  they  ^'■^""''^'• 
wish  to  make  their  ftnal  settlement  and  obtain  a  full  receipt,  for 
remedy  thereof. 

Be  it  further  Resolved,  Bij  the  General  Assemhh/  of  Georgia,  That,  gj.,t,ement. 
upon  any  Collector  producing  to  the  Comptroller  General  a   cer- Jrf,^™;'^'^" 
tificate  from  the  Inferior  Court  of  his  county,  stating  the  name  or  ^^,!;;},,^;'J^p; 
names  of  the  alien  enemies  whose  land  is  now  subject  to  be  sold  for  »»j'^;;]«^^« 
taxes,  and  further  certifying  the   amount  of  State  tax  due  on  the ^'^^'j^j^^jj^j^^* 
same,  the  Comptroller  General,  if  satisfied  that  the  amount  stated""'"'- 
is  correct,  is  hereby  authorized  to  allow  the    Tax  Collector  credit 
for  the  same,  on   his  account,  together  with  any  reasonable  adver- 
tising fee  which  said  Collector  may  have  paid  for  advertising  said 
lands;  and  that  such  settlements  be  entered  on  the  Comptroller's 
book,  in  the  same  manner  that  settlements  now  made  with  the  Tax 
Collector,  are  entered  on  the  Books  of  said  office. 

Assented  to  December  16,  1861. 

(No.  19.) 
Whereas,  There  are  many  Census  Takers,  who  performed  the 


140 


RESOLUTIONS. 


Penitentiary. — Sequestration  Act. 


duties  of  their  officeof  Census  Taker,  for  their  respective  counties, 
Preamble,  jj^  taking  the  Census  for  the  old  United  States  before  the  separa- 
tion of  the  State  of  Georgia  from  the  ohl  Union  ;  And  fV/urcas, 
on  the  account  of  the  withdrawal  of  the  State  from  the  old  Union, 
the  authorities  of  the  old  United  States  have  refused  to  pay  them 
for  the  services  rendered  in  taking  the  Census  of  this 
State  : 

Be  it  Resolved,  That  we  do  most  respectfully  call  the  attention 
of  our  Members  in  Congress  at  Richmond,  to  take  into  considera- 
tion, and  make  provision  for  tlie  payment  of  such  as  have  not  re- 
ceived their  compensation  for  such  services  rendered. 

Assented  to  Dec.  IG,  ISGl. 


Ceneiu 
Takers. 


Committpp 
on  Penitcu- 
tiary. 


(No.  20.) 

Resolved,  By  the  Senate  and  House  of  Representatives,  That  after 
the  close  of  the  present  Session,  the  Governor  is  requested  to  ap- 
point two  competent  persons,  who,  in  connection  with  the  Pfinci- 
pal  Keeper,  shall  consider  the  propriety  of  classifying  and  se])arat- 
ing  the  convicts  in  the  Penitentiary  ;  with  reference  to  ages,  grades 
of  ofience  and  general  character  ; 

Also  the  practicability  of  arranging  the  present  Institution  to 
accomplish  the  end  proposed  ;  and  that  said  appointees  make  their 
report  to  the  next  Session  of  the  General  Assembly,  with  the 
plans,  if  any,  that  may  be  suggested,  and  especially  the  smallest 
amount  of  expenditure  necessary  in  the  premises. 

Assented  to  December  10,  18G1. 


Preamble. 


of  the  Se- 
quBBtratiou 
Act  recom- 
mended. 


(No.  21.) 

The  Committee  on  the  State  of  the  Republic,  having  had  under 
consideration  the  provisions  of  the  Sequestration  Act  passed  by  the 
Provisional  Congress,  at  its  last  Session,  ask  leave  to  report  ibr  the 
consideration  of  the  House,  the  following  Resolutions  : 

1.  Resolved,  That,  if  it  shall   not  be  deemed  expedient  to  repeal 

modification  thc  Sequcstratlou  Act,  such  modifications  of,  or  amendments  there- 
to, be  made,  as  that  the  same  shall  not  prevail  oppressively,  or  in- 
juriously to  our  own  people;  and  to  that  end  ; 

Resolved  further.  That  vhcrcds,  by  the  laws  of  nations,  debts  due 

Certain  modi- to  allcu  encmies  are  suspended,  and  bear  no  interest  during  the  con- 

^mmended.  tiuuanco  of  thc  War ;  it  is  the  sense  of  this  General  Assembly, 
that  said  Act  should  not  requiie  the  payment  of  debts  due  to  alien 
enemies,  during  the  existence  of  the  war;  but  it  should  require  on- 
ly the  evidence  of  the  indebtedness  to  be  returned  and  placed  of 
record,  without  security  demanded  and  taken  for  the  ultimate  pay- 
ment of  the  same. 

Resolved  farther,  That  where  there  are  mutual  debts  between  a 

mutul!  "debts  debtor  and  an  alien  (memy,  or  where  such  debtor  shall  hold  equita- 
ble claims  against  Allen  Enemies,  the  same  may  be  pleaded  and  set 
off  in  the  district  court,  to  which  the  debt  is  returned. 


RESOLUTIONS.  141 


State  Troops. — Books  for    Dade    county. 


Resolved  farther,  That  the  Sequestration  Act  should  take  effect 
from  and  after  the  date  of  its  passage,  and   not  from   the  21st  of  fi^^^'™""toke* 

-« «■  •  J     J  X  o  edcpt  from  its 

May,  as  now  provided.  date. 

Resolved  farther,  That  persons  laboring  under  the  disabilities  of  t 

•      .       ,  -.^  I  .'-'  J'l  case  of 

coverture  or  infancy,  and  consequently   incapable,  though  desiring  ™j^''f"'-p.  in- 
to change  their   domicil,  and  who  are  not  actual  enemies  to  the 
Confederate  States,  should  be  exempt  from  the  operations  of  said 
Act. 

Resolved,  That  our  delegation  in  Congress  be  respectfully  request-  copy  orturse 
ed  to  urge  the  recommendations  contained  in  these  resolutions;  andbMnrniXd'' 
that  his  i'lxcellency,  the  Governor,  be  requested  to  forward  to  ourberfl"^in'o,n. 
delegates  in  Congress,  copies  thereof.  ^'■"'• 

Assented  to  December  IG,  ISGl. 

(No.  22.) 

Resolved,  By  the  General  Assembly  of  Georgia,  that  the  Gover- 
nor be,  and  he  is  liereby  authorized  and  instructed  to  tender  to  the 
Confederate  Government  the  volunteer  forces  called  into  service  Tensor  of ' 
under  the  law  of  1S60,  or  which  may  hereafter  be  called  into  ser-h-or^  uTcon- 
vice  for  the  State  defence,  in  CDirpanies,  battalions,  regiments, eniuieut.*^"''' 
brigades  or  divisions,  as  may  be  found  to  be  acceptable  to  the  War 
Department  of  the  Confederate  States  ;  Provided,  That  the  Con- 
federate States  will  receive  them  for  the  term  of  their  enlistment 
and  for  local  defence  in  this  State,  under  the  act  of  Congress  to  pro- 
vide for  local  defence  and  special  service,  approved  August  21, 
1861;  And  provided  furtlier,  That,  if  the  Confederate  States  shall 
not  accept  said  troops,  in  that  event  the  troops  shall  remain  in  ser- 
vice as  State  troops,  under  the  terms  of  their  enlistment ;  And  pro- 
vided farther,  That  such  tender  shall  be  made,  so  far  as  the  troops 
now  in  the  State  are  concerned,  before  the  15tli  day  of  January 
next,  and  before  a  greater  sum  than  one  million  of  dollars  is  raised 
or  expended  as  provided  for  in  the  20th  Section  of  the  general  ap- 
propriation bill ;  And  provided  further,  That  none  of  said  troops 
shall  be  transferred  to  the  Confederate  service  without  their  full 
consent,  first  fairly  obtained,  by  companies,  if  organized  as  inde- 
pendent companies,  by  battalions,  if  organized  in  independent  bat- 
talions, or  by  regiments  if  organized  in  regiments. 

Beit  further  Resolved,  That  we  earnestly  recommend  the  Confed- c^nr^aeretc 
erate  Government  to  receive  said  State  forces,  should  they  assent,  ^;^y;/,""f"^ 
with  all  their  field  and    general  officers;  and,  if  there   be  no  law'^'^'^""' ''""°- 
now  authorizing  such  acceptance,  we  respectfully  request  our  Sen-  „  . 

ators  and  Representatives  to  urge  the  passage  of   a  bill  to  effect  so  ../ 

desirable  an  object. 

Assented  to  December  IG,  1861. 

(No.  23.) 

WiiERE.vs,  The  county  of  Dade  has  not  been  furnivshed  with  the 
first,  second  and  third  volumes  of  Kelley's  Reports  of  the  Supreme rrcami.i.-. 
Court  of  the  State  of  Georgia  ;  And  Whereas,  ihQ  fourth,  fifth,  sixth, 


142 


RESOLUTIONS. 


Mail  Routo. — Land  in  the  limits  of  Georgia. 


pie^mhT  seventh,  eighth,  ninth,  tenth  aud  eleventh  volumes  of  Cobb's  Reports  of 
suprem'°^'''*the  Supreme  Court  of  the  State  of  Georgia,  were  furnished  said 
Pumuhld^to  county,  and  were  destroyed  by  fire  in  the  burning  of  the  Court- 
D»de  county,  jj^ygg  ^f  g.^j^j  county  ;  therefore, 

Resolved  by  the  (reneral  Assembly,  That  his  Excellency  the  Gov- 
ernor, be  authorized  and  requested  to  furnish  said  county  with  said 
volumes  of  Reports,  or  such  number  as  may  be  in  his  control ;  and 
that  he  cause  them  to  be  forwarded  with  the  Laws  and  Journals  of 
this  session  of  the  Legislature. 

Assented  to  December  3  6,  1861. 


(No.  24.) 

Resolved  by  the  SeJiatc  and  the  House  of  Representatives  of  the  State  of 
Georgia  in  General  Assembly  met,  That  our  Senators  in  Congress  be 
t^om  Bengal  iustructcd,  aud  our  Representatives  requested,  to  use  their  influ- 
*^e^mmJud^' cnce  to  havc  established  a  mail  line,  for  weekly  service,  from  Ben- 
^[  gal  in  Bulloch  county,  (the  present  terminus  of  a  mail  line  from 

Halcyondale  on  the  Central  Railroad,)  by  the  way  of  William  De- 
loach's  mills  in  Bulloch  county,  thence  to  Ben.  Brewton's  mills  in 
Tatnall  county,  and  thence  to  Reedsville  in  said  county  of  Tatnall ; 
and  that  our  Senators  and  Representatives  in  Congress,  be  furnish- 
ed with  copies  of  this  Resolution. 

Assented  to  December  16,  1861. 

(No.  25.) 


Of  orpa  B3- 
BHrtB    her 
rifihttoall 
lands  within 
her  liiuits. 


Resolved,  1st.  The  Senate  concnring,  That  this  General  Assembly 
deems  it  due  to  the  sovereignty  of  Georgia,  to  declare  that  Geor- 
gia asserts  her  ancient,  paramount  right  of  original  proprietory 
interest  and  title,  in  and  to  all  the  lands  within  the  limits  of  the 
State  ;  and  that  she  will  not  permit  her  present  attitude  aud  action, 
or  any  action  upon  the  part  of  any  power,  to  be  construed  against 
her  in  the  future,  as  a  precedent  calculated  to  show,  in  the  least, 
that  she  has,  in  any  wise,  yielded  this  great  right.  Georgia  there- 
fore enters  her  solemn  request  of  record,  that  the  Sequestration 
Act  recently  passed  by  the  Provisional  Confederate  Congress,  shall 
not  be  so  proceeded  upon,  or  so  construed,  as  to  raise  any  question 
as  to  the  sovereign  rights  of  the  State  over  all  of  the  lauds  within 
her  limits. 

Resolved,  2d.  That  the  land  heretofore  held  by  persons  now  alien 
enemies,  ought  not,  at  this  time,  to  be  sold  for  any  purpose ;  but 
that  the  same  should  lie  as  it  now  doe§,  subject  to  the  sovereign, 
paramount  right  Georgia  has,  in  and  to  the  same. 

Resolved,  3(7.  That  a  copy  of  these  Resolutions  be  transmitted  to 

our  delegates  in  the  Provisional  Confederate  Congress  ;  and  that 

tTbe'^^nTtothe  same  be  also  transmitted  to  the  Senators  and  Representatives 

our  memberii  •       •  i         /-n         r     i  rt 

in  cougree..  of  Gcorgia  lu  tho  Confederate  Congress. 
Assented  to  December  16,  1861. 


Lsnda   in 
Georgia  uf 
Aliea  eue- 
miea. 


Copiei  of 

KoKilutionn 


RESOLUTIONS.  143 


Adjournment. 


No.  26. 
Resolved',  That  the  General  Assembly  adiourn  sine  die  on  Satur- Adjonm- 

Tn/.,  ±^      •        ,         1  JO  ment  of  Gen- 

day  the  lourteenth  instant.  eraiAiaem- 

VVARREN  AKIN,  "'• 

Speaker  of  the  House  of  Representatives. 

J.    B.    ESTES, 

Pro  Tern,  Clerk  House  of  Representatives. 

JOHN  BILLUPS, 
President  of  the  Senate. 
James  M.  Mobley, 

Secretary  of  the  Senate. 
Read  and  adopted  in  each  House,  10th  December,  1861.* 

*  Resolutions  on  adjournment  do  not  require  under  the  Constitution,  the  signature  of  the 
Govemor. 


I 


INDEX. 


ACCOUNTS, 

Ilow  proven  in  certain  cases,      59 
ADMINISTRATORS, 

See  Exrs.,  Admrs.,  Trustees, 
etc.,  in  index. 
AGENCIES  OF  FOREIGN  INSU- 
RANCE COMPANIES. 
Act  in  relation  to,  in  Georgia 
nioditied,  51 

AGRICULTURE  .t  COMMERCE. 
S50,0()0   appropriated  to  en- 
courage the  manufacture  of 
Salt,  7 

Direct  Trading  *t  Navigation  i 

company,  incorporated,  S 

ALIENS,     '. 

Suits  on  sequestrated  claims  of    57 
(For  sale  of  lands  of,  under 
Tux  Ji.  fas.  see  resolutions.) 
AMERICUS, 

Charter  of,  amended,  s7 

API'ROPRIATIONS. 

Salary   of  Governor,  10 

"         "  Secretary  of  State,     10 

"         "  State  Treasurer,  10 

"         "  Compr.  General,         10 

"  Secys.ofEx.Dept.     10 

"         "  Mess'r.      "       "  11 

"         "  State  Librarian,         1 1 

"  Attv.  cl-  Sols.  Genl.     1 1 

"  Judges  Supr.    Ct.     11 

"         "         "      Supreme"     11 

"         "  Reptr.  of  Supreme 

Court  decisions,     11 
Pay  for  publishing   military 

orders,  1 1 

Contingent  fund,  11 

Printing         "    ^  11 

10 


Pay  to  Chaplain  of  Penitenti- 
ary, H 

Pay  for  taking  care  of  Repre- 
sentative Hall  and  Senate 
Chamber,  11 

Pay  ol' expenses  of  committee 
who  visited  Academy  lor 
Blind,  '  11 

I'ay  of  State  House  G  u  ard ,  1 1 

Appropriation  for  inci'case  of 
State  Library,  11 

Appropriation  to  pay  expenses 
of  clerk  Supreme  conrt,  11 

Appropriation  for  repair  and 
winding  State  House  clock,     12 

Salary  of  Supt.  Georgia  Mili- 
tary Institute,  12 

Appropriation  to  pay  arreara- 
ges due  Col.  A.  V.  Brumby,     12' 

A[)propriation  to  pay  arreara- 
ges due  T.  R.  McCounell,        11 

Approi)riation  to  pay  arreara-  , 
ges  due  R.  S.  Camp,  12 

Pay  of  President  Senate  and 
Speaker  of  House,  12 

Their  mileage,  12 

Pay  of  members   of  Geneial 

Assembly,  12 

Their  mileage,  12. 

Pay  of  Secretary  of  Senate.         12 
""   "  Clerk  of  House,  12 

Contingent  expenses  of  each 
House,  12 

Pay  of  Messengers  and  Door- 
Keepers,  12 

Pay  for  cleaning,  lighting  ;md 
keeping  in  order  the  Chan- 
deliers durinfr  the  Session,     13 


'm 


INDEX. 


I 


Appropriations. —  Continued. 
Advance  payments  by  State 

Treasurer, 
Oovernor  to  pay  for  services 
required  and  no  appropria- 
tion made, 
''General  appropriation  to  pay 

salaries. 
Appropriation  to  Ga.   Relief 

&  Hospital  Association, 
A.ppropriatiou  to  pay  the  pub- 
lic debt  due  and  interest, 
<rovernor  to  issue  State  Jionds 
■or  'treasury  notes  in  certain 
cases, 
Appropriation  to  J.  M.  Coop- 
er &Co. 
Appropriation  to  pay  Guard 

of  State  Magazine, 
Appropriation  to  pay  Military 
Store  Keepers  in  Milledge- 
ville  and  Savannah, 
Appropriation  to  pay  expen- 
ses of  Electoral  College, 
-Appropriation  to  J.  H.  Steele', 
Appropriation   as    additional 
pay   to    Commissioners  to 
other  States,  sent  by  State 
Convention, 
•  Olerks  to  Compr.  General, 
Ap^iropriation  for  relief  of  suf- 
ferers by  fire  in  Charleston, 
"  Military  fund  for  1SG2, 
Pay  to  Clerk  of  Senate  Com- 

jnittce  on  Judiciary, 
Appropriation  to  Mnj.  11.  J. 
G-  Williams, 
...  Ajfipropriatiou  to  pay  balance 
due  to  Professors  in  Geor- 
gia Military  Institute, 
's^'L  '^ppr.  to  A.  Green  &Co., 
"      •'  A.  N.  Simpson, 
"      ^'  Wm.  W.  Boyd, 
Appropmiion  to  support  State 
Cadets  in  Georgia  Military 
Institute, 
*•   Appropriation  of  $100,000  for 
support  of  State  troops, 
Appropriation  for  support  of 
pupils  in  Georgia  Academy 
for  Blind, 


Appropriation  to  J.  H.  Seals,     85 
ATLANTA, 
13       Bank  of  Fulton    in,  charter 
amended, 
North-Western  Bank  of  Ga. 
13  may  have  Agency  at 

Charter  of  city  of,  amended, 
13  ARMS, 

Appropriation    for  manufac- 

13  ture  of 
I  ARSON, 

13i      Burning  R.  R.  Bridge  by  slave 
or  free  person  of  color  de- 
I  clared  to  be  arson — punish- 

131  ment  death, 

Burning    R.    R.    Bridge    by 
13!  white  person-penalty  death 

j  ATHENS, 
14}      Charter  of,  amended, 
ATTACHMENT, 

May  be  sued  out  on  sequestra- 

14  ted  claims, 
!  ATTORNEY   AND  SOLICITORS 

14;      GENERAL, 

1-5,      Appropriation  to  pay  salaries 

I  of,  for  1SG2, 

I     Receiving  fees  and  costs  by, 
in  certain  cases,  made  penal 
14  ATTORNEYS  AT  LAW, 

14  Must  pay  professional  tax  or 

be  stricken  from  the  roll  of 
141  Attorneys, 

15i  AUGUSTA,' 

j      City  council  of,  may  issue  city 
15,  Treasury  notes. 

City  Council  of,  may  fix  sala- 

15  ry  of  Judge  of  City  Court, 
B. 

BANKS  AND  BANKING, 
15       Suspension  of  specie  payment 
15  by,  continued  till  1st  De- 

15  cember,  18G2, 

15      Banks  to  redeem  their  bills  in 
Treasury  notes    when    de- 
manded in  sums  of  $100, 
]G       Must  issue  change  bills. 

Advances  made  to  State  by, 
IG       Cotton  Planters^  Bank  of  Geor- 
gia, incorporated. 
Bank  of  Fulton,  charter  amen- 
85  ded,  22 


22 

23 

81 

65 


G8 


69 


89 


58 


11 


G9 


16 


25 


91 


18 


18 
19 
19 

20 


Banks  (5^'  Ban.khig — Continued. 
North-  Western  Bank  of  Georgia, 

charter  amended, 
Sale  of  Foreign  Exchange  reg- 
ulated, 
Deposit  of  money  by  married 
women  in  Savings  Institu- 
tions, 
Removal  of  Savannah  Banks 

to  interior, 
Removal  of  Timber  Cutters' 
Bank  to  Brunswick  or  Da- 
rien, 
Charter  of,  amended, 
Change  bills  issued  by  Palace 
Mills  company,  and  others 
legalized, 
BANK  OF  FULTON, 

Charter  amended, 
BARKER,  J.  W. 

Appropriation  to, 
BARTOW  COUNTY, 

Name  of  Cass  co.,  changed  to 
BELL,  H.  P. 

Pay  to,    as   commissioner  to 
Tennessee, 
BELLY  ILLE, 

Incorporated, 
BENNING,  ILL. 

Pay  to,  as  commissioner   to 
Virginia, 
BOGOESS,  MRS. 
Appropriation  to 
BONDS, 
Gov.  may  issue  State  Bonds  or 
Treasury    notes    to    raise 
funds  for  Georgia  Hospital, 
Gov.  may   issue  State  Bonds 
or  Treasury  notes  to   raise 
funds  for  other  purposes. 
Gov.  to  issue  State  Bonds  to 
Banks  for  former  advances 
to  State,  and  in  lieu  of  6 
per  cts. 
Bond  to  be  given  by  Tax  Re- 
ceiver «fe  Collector, 
Counties  may  issue    County 
Bonds,  for  certain  purposes, 
Trust  funds  may  be  invested 
in    Bonds    ot   Confederate 
State, 


INDEX.  147 

New  or  sufficient  Bonds  may 
be  required  of  Exrs.,  Admrs. 
Trustees,  &c.,  33 

To  issue  State  Bonds  to  raise 
the  $350,000  appropriated 
to  buy  and  manufacture 
arms,  65 

BOYD,   WM.  W. 

Appropriation  to  15 

BRIGADIER  GENERALS 
Appropriation  to  pay  for  ad- 
vertising certain  orders  by,      11 
BROOKS  COUNTY, 

Ordinary  of,  to  draw  deficit  in 
school  fund  for,  1S60,  106 

BRUMBY,  COL.  V.  A. 

Appropriation  to  12 

BUSH,  WM.  H. 

Iteliefof  119 

BUTTS  COUNTY, 

Countv  tax  in,  legalized,  122 


23 

23 

23 

24 


24 
24 


22 
15 

101 


C. 


CADETS. 

Appropriation  on  account  of, 
14  in  Ga.,  Military  Institute,        16 

CAMPBELL,  D.  C. 
91       Pay  to,    as  Commissioner  to 

Delaware,  14 

I  CAMDEN  COUNTY. 
14      Road  laws  in,  amended,  121 

CAMP,  R.  S. 
117       Appropriation  to,  12 

CA.  SA. 

See  Insolvent  Debtors,  39 

CASS  COUNTY. 
13       Name  of  changed  to  Bartow,    101 
Name  of  Cassville,  changed 
to  Manassas,  101 

13       For  change  of  name  of  P.  0. 
see  Resolutions. 
CASSVILLE. 

Name  of,   changed  to  Manas- 
sas, 101 


19 
29 
30 

32 


CAVENDER'S  CREEK  and 
FIKLD  GOLD  MINING  CO. 
Incorporated, 

CESSIONS  OF  COURTS. 
See    Superior     and    Inferior 
Courts,  in  index. 


97 


148  INDEX. 

CENTRAL  R.  R.  &  BANKING 
COMPANY. 

May  connect   its  track  with 
.      track  of  S.  A.  &  G.  R.  R. 

Co.,  at  Savannah,  113 

CHANDELIERS.       - 

Appropriation  to  pay  for  light- 
ing, &c.  during  Session,  12 
CHANGE  BILLS. 

Issued  by  Pahice     Mills  Co., 

legalized,  25 

Those  issued  by  other  persons 

and  Corporations,  legalized,    25 
May  be  issued  by  City  Coun- 
cil of  Auirusta,  25 
Sup't.  W.  &A.  R.  R.  may  is- 
sue, 20 
All  Banks   required  to   issue 
certain  amounts  of  Change 
Bills,  19 
CHAPLAIN. 

To  Penitentiary,  appropria- 
tion to  pay  his  salary  for 
1802,  11 

May  be  appointed  to  State 
Troops,  04 

CHARLESTON. 

Appropriation  for  relief  of  suf- 
fereis  from  the  fire  in.  14 

CHIVERS,  THOS.  H.— DEC'D. 

Administration  of  estate  of       108 
CITIES  AND  TOWNS. 
A.mericu!>. 

Charter  of",  amended,  87 

Alliens. 

Charter  of,  amended,  89 

Atlanta. 

Charter  of,  amended,  89 

Augusta. 

tealary  of  Judge  of  City  Court 
in,  91 

Belhillc. 

Incorporated,  91 

Ciisscta. 

Charter  of,  amended,  94 

Joncshoro. 

Charter  of,  amended,  94 

Summervillc,  (in  Richmond  co.,) 

Incorporated,  95 

Sjmng  Flacc. 

' ^    '  90 


Rome. 

Charter  of,  amended,  97 

CITY  COUNCIL  OF   AUGUSTA. 
May  issue  city  Treasury  Notes,  25 
May  fix  salary  of  Judge  of 
city  court, 
CLAYTON  COUNTY. 

Line  changed  between  Fulton 
and, 
CLERK. 

Of  House  of  Representatives, 

appropriation  for  his  pay, 
His  salary  fixed, 
i     Clerk  of  Senate — committee 
on  Judiciary,  apjJFopriation 
to. 
Comptroller  General  allowed 
certain  clerks, 
CLERK    SUPREME  COURT. 
Appropriation  to  pay  certain 
expenses  of", 
CODE  OF  GEORGIA. 

Operation    of,   suspended  till 

1st  January,  1803, 
Certain  sections  in  relating  to 
taxes,  &c.,  chanued, 
COLQUITT  COUiVry. 

Tax  on  stock  of  non-residents 


25 


102 


12 
33 


15 


14 


11 


79 


in, 


104 


Charter  of,  amended, 


COMMISSIONERS. 

Sent  by  State  Convention  to 
difi'erent  States,  their  pay, 
COMMISSIONER      OF      INSUR 

ANCE. 

Act  of  12,  Dec,  1859,  in  rela- 
tion to,  modified, 
COMPANY. 

Number  to  compose  a  Military 
Company, 
COMPTROLLER  GENERAL. 

Appropriation  to  pay  salary 
of,  for  1802 

Allowed  certain  clerks. 

Salary  of,  fixed  at  $2,000, 

His  duties  in  allowhig   insol- 
vent lists  to  Collectors  and 
Receivers, 
(For  his  duties  in  reference  to 

sales  of  lands  of  alien  enemies 
under  Tax  Ji  fas,  sec  Reso- 
lutions.) 


14 


51 


04 


10 
14 

70 


80^ 


INDEX. 


81 
lev- 
for 

73,  80 
&    MA- 

49 


11 


39 


97 


ComproUcr  General —  Continncd. 
Certificate  of  pr.  moneys  paid 

into  Treasury, 
His  duties  in  reference  to 
ying    the    State     Tax 
1862, 
CONFKDERATE    FIRE 
RINE  INSURANCE  CO. 
Incorporated, 
CONTINGENT  FUND. 

Appropriation  for,  for  18G2, 
CONTINUANCE. 

See  Insolvent  Debtors, 
CORPORATIONS. 
Cavender's Creek  &  Field  Gold 
Mining  Co.,  incorporated. 
Turner IMountain Copper  j\Iin- 
ing  Company  incorporated, 
Charter  of  Dalton   city    Co., 
amended, 
COTTON  PLANTER'S  BANK- 
OF  GA., 
Incorporated, 
COUNTIES. 

Name  of  Cass  county  clumged 

to  ]iartow, 
Name  of  Cassville  changed  to 
Manassas, 
(For  request  to  change  nan^t?  of 
Post  Office,  see  Resolutions.) 
COUNTY  LINES. 

Between  Clayton  and  Fulton, 
Sumter  and  Schley, 
COUNTY  OFFICERS. 

Offices   of   Receiver   of    Tax 
Returns  and  Tax  Collector, 
consolidated, 
Bond  to  he  given  by  Tax  Re- 
ceiver and  Collector, 
Commissions  due  Tax  Collec- 
tors and  Receivers, 
COUNTY  REGULATIONS. 
Act  of  ISth  Feb'y.  ISoG,  ex- 
tended to  Wliitfield  CO., 
Jury  fees  in  Whitfield  co., 
Act  23d  Dec.  1836,  amended,   103 
Fees  for  summoning  talis  ju- 
rors in  I^lbert  county,  104 
Act  of  16th  Dec,    1857,   re- 
pealed, 104 
Pay    of    Superintendents    of 


149 
101 


elections  in  Decatur  co.. 
Tax  on  cattle  of  non-residents 

in  Colquitt  county,  104 

Stock  of  non-residents  in  Mur- 
ray and  Fannin  counties,       104 
Public  Sales   where  held  in 

Muscogee  county,  105 

Felling    timber    in    Toccoab 

River,  prohibited,  105 

Issue  of  count)^  Bonds  for  cer- 
tain purposes,  30 
COWETA  COUNTY. 

County  tax  in,  122 

CRIMINALS. 

May  be  discharged  from  jails 
by     Justices    of    Inferior 
I  Courts,  in  certain  cases,  57 

99,  CUSSETA. 

I      Charter  of,  amended,  94 

100  D. 

I  DALTON  CITY  COMPANY. 
!      Charter  of,  amended,  100 

20JDADE  COUNTY. 

I      Patrol  laws  in  relation  to  115 

I  DANIEL,  N.  C. 

Pay   to,  as    Commissioner  to 
Kentucky,  14 

DECATUR  COUNTY. 
!      Justices  of  Inferior  of,  may  is- 
'  sue  county  Bonds,  30 

Pay  not  allowed  to    Superin- 
'  tendents  of  elections  in,         104 

102|  DILLON— MRS.  MARGARET. 
I      Relief  of,  118 

i  DIRECT  TRADING  AND  NAVI- 
j     GATION  COMPANY. 
291      Incorporated,  8 

!  DOHERTY— JOHN  H. 
29'      Elmira  Mathews  may  be  sold 

I  into  slavery  to,  121 

29  DOOR  KEEPERS  AND  MESSEN- 
GERS. 

Appropriation  for  pay  of,  12 

Pay  of  fixed,  36 


10 


10 


103i 


103  DUGAN— GEO.  DEC'D. 

Sale  of  lands  belonging  to  es- 
tate of, 

F 
EARLY  COUNTY. 

Law  to  levy  a  road  tax  in,  re- 
pealed, 


107 


121 


150 


INDEX. 


EDUCATION. 

Ordinary  of  Brooks  county,      106 
John  H.  Wyly  to  draw  educa- 
tional fund  due  Habersham  i 
-,     county,  for  1861,                     lOO' 
Unexpended  fund    in    Towns         ! 
1^      county,  to  bo  paid  over  to 

Relief  Committee,  107 

Ordinary  of  White  co.,  to  pay         i 
account  of  C.  H.  Kytle,    ^    1071 
ECLECTIC    BOARD    OF  PHYSI-  ton  and, 

CIANS.— Established,  lie! 

ELBERT  COUNTY. 

Fees  of  Sherifls,  &c.,  for  sum- 
jnoning  talis  jurors  in,  104 

ELECTIONS. 

Election  of  C.  S.  Senators,  31 

Soldiers  in  service  may  vote,       31 
ELECTORAL  COLLEGE. 

Appr.  to  pay  expenses  of  14 

A})propriatiou  to  jiay  Sec'y.  of,  14 
EXCHANGE. 

Sale  of  Foreign,  regulated,         23 
EXECUTIONS. 

Against  soldiers  in  service,  61 

EXR'S.,     ADMR'S.,     TRUSTEES 
AND  GUARDIANS. 
May  invest  trust  funds  in  Con- 
federate State's  bonds,  32 
Appointment  of  new  Assign- 
ees and  Trustees,  32 
New  or   sufficient  bonds  may 
be  required  of  Executors, 
Administrators, Trustees, &c.  ^33 
Sale  of  lands  of  estate  of  Geo. 

Dugan,  deceased,  107 

Admr.  on  estate  of  Thos.   H.  '. 

Chivers,  deceased,  ]OSj 

Sale  of  lands  of  estate  of  Wm. 

WillinuLson,  deceased,  lOSi 

Executor  of  Henry  L.  Taylor,  lOO! 

Acts  of  G.  I.  (irreen,  Clerk  of 

Ordinary  of  Spalding  coun-         ' 

ty,  legalized,  110 

EXTORTION. 

Defined  and  made  penal,  60 

EVE— J.  C.  j 

Appropriation  to,  15] 

EVIDENCE.  I 

Rules  of  in  certain  cases  to  be         | 

relaxed,  60 


Proof  of  open  accounts,  -59 

F. 
FANNIN  COUNTY. 
Stock  of  non-residents  in,  104 

FORNBY— MOSES.       ' 

Relief  of,  118 

FOREIGN  EXCHANGE, 

Sale  of,  regulated,  23 

FULTON  COUNTY. 


Line  changed  between   Clr.y- 


G. 


3  02 


GENERAL  ASSEMBLY. 
Pay  and  mileage  of  members 

and  officers  of,  fixed,  33 

Appropriation  to  pay  pe7-  diem. 

and  mileage  of,  12 

State  Treasurer  to  make  cer- 
tain advances,  3o 
Session  to  begin  on  ]st  Thurs- 
day in  November,                     36 
GA.  MUTUAL  INSURANCE  CO., 
Incorporated.  43 
GA.  ACADEMY  FOR  THE  BLIND 
Appr.  for  support  of  pupils  in, 
for  1862,                                     8  5 
GA.  MILITARY  INSTITUTE, 
Appropriation  to  pay  salary  of 

Superintendent  of  12 

Appropriation  to   pay  arrear- 
ages due  certain  officers  of       12 
Appropriation  to  A.  Green  &  Co. 

on  account  of,  15 

Appropriation  to  V.  H.  Manget,     15 

"  "  J.  C.  Eve,  15 

"  "  A.  W.  King,        15 

"  1.  W.  l^arker,       15 

"  "  A.  N.  Shupson,    15 

"  W.  W.  Boyd,      15 

Appropriation    on  account  of 

State  Cadets  in,  16 

Appr.  to  A.  V.  Brumby,  12 

Appr.  to  Thos.  R.  McConnell,      12 
Appropriation  to  R.  S.  Camp,     12 
GEORGIA    RELIEF    AND   HOS- 
PITAL  ASSOCIATION. 
Appropriation  of  $200,000,  to    13 
Appropriated  again,  and  direc- 
tions how  to  be  disbursed,       36 
GEORGIA  TELEGRAPH  CO. 
Incorporated,  130 


INDEX. 


14 


119 


10 


11 


l:J 


GLENN,  L.  I. 

Pay  to  as  Commissioner  to  Mis- 
souri, 
GLOVER,  STERLING. 

Relief  of, 
GOVERNOR. 

Appropriation  to  pay  salary 

of,  for  1862, 
Duties  of,  in  referencce  to  ap- 
propriation   to    encourage 
nianufrtcturo  of  Salt, 
May  buy  books  for  State  Li- 
brary, 
May  pay  for  services  to    State 
recpiired    b}'^    General    As- 
sembly, where  no  appropri- 
ation is  made. 
May  issue  Treasury  notes  or 
State  Bonds  to  raise  the  ap- 
propriation to  Ga.,  Hospit- 
al &  Relief  Association,, 
May  issue  State  Bonds  to  raise 
means  to  meet  an}"  appro- 
propriation  wiien  funds  not 
in  Treasury, 
May  furnish  certain  clerks  to 

Comptroller  General, 
His  discretion    in    paying  A. 
Green  &  Co.,   assignees   of 
W.  A.  M.  Lanier, 
His  duties  as  to  Hospital  fund, 
Governor    and     Comptroller 
General   to  assess  $1,000,- 
000,  as  tax  for  1S02. 
Governor  to  assess  State  taxes 
'  with  reference  to  appropri- 
ations made  to  Lunatic  Asy- 
lum, 
His  duties  in  issuing  warrants 
for  appropriations  to  Luna- 
tic Asylum, 
GREAT  SEAL  OF  STATE. 

To  be  altered, 
GREAT  SOUTHERN  INSURANCE 
COMPANY. 

Incorporated,  44 

GREEN,  A.  &  CO. 

Appropriation  to,  15 

GREEN,  G.  L 

Acts  of,  as  Deputy   Clerk  of 
Ordinary,  legalized,  110 


GUARD. 

Appropriation  to  pay   Guard' 

of  State  Magazine, 
Appropriation  to  pay    Guard 
of  State  House, 
GUARDIANS. 

See  Exr's.  Admr's.  Trustees,. 
Guardians,  &c.,  in  index. 
H. 
H  ABER  Sir  A  M  COUNTY. 
Educational  fund  for,  for  ISGl  ^ 
to    be  drawn    by  John  H, 
Wyly, 
I  HALL,  SAMUEL. 

Pay   to    as    Commissioner  tO" 
I  North  Carolina, 

1:3  HERN,  ABNER. 
Relief  of, 
HILL,  D.  P. 

Pa}'-  to  as  Commissioner  to  Ar- 
kansas, 
HOSPITAL. 

See  Georgia  Relief  and    Hos- 
pital Association,  iji  index. 


ISl 


It 


IT 


im 


1^ 


11'* 


i« 


13 


14 


80 


I. 


INDICTMENTS. 

Under  Act  to  prevent  monop- 
olies, extortions,  &c.,  62" 
INSOLVENT  DEBTORS. 

Act  of  lUh  December,  1858, 
amended,  39 

Benefit  of  act  extended  to  all 
persons  arrested  under  civil 
process,  3S> 

Continuance  of  case  onlv  fo^ 
Providential  cause, 

Facts  in  issue  tendered  lu  in' 
sworn  to,  ■:. 

INSOLVENT  LLSTS. 

How   allowed  to  Tax  Collec- 
tors and  Receivers,  -i7* 
38  INSURANCE  COMMISSIONED 

Act  authorising,  mod  died,  SL 

INSURANCE  COMPANIES. 

Flantcrs  Insurance^  Trunt  and 
Loan  Co.,  incorporated^  411 

Georgia  JShitvnl  Insurance  Co  . 
incor[)orated, 

Great  Sn/ff/ier/i  Insurance  Co.y 
incorporated,  4S 


73 


152 


INDEX. 


47 


Insura  ncc    C'nnpaji  ics. — Cant  iu  ucd. 

Southern  Insurance  Coinjiani/,  in- 
corporated. 

Confederate  Fire  ^'  Marine  In- 
surance Company,  incorpor- 
ated, 
*  Act  of  12th  Dec,  1S59,  as  to 
Agencies  of  Foreign  Insur- 
ance Companies,  in  this 
State,  repealed,  except  as 
to  Agencies  of  Companies 
in  the  U.S.  51 

Suits  against,  58 

INTERNAL  TRANSPORTATION. 

Charter  of  B.  &  Fla.  R.  R. 
Co.,  amended, 

S.  A.  &  O.  R.  R.  Co.,  may  ex- 
tend its  track  to  Tybee, 

Track  of  C.  R.  R.  Co.,  may 
connect  with  track  of  S.  A. 
<.t  a.  R.  R.  Co.,  at  Sav., 


JEFFERSON  COUNTY, 

Physicians  and  millers  in,  ex- 
empt from  Militia  dutv, 
JOHN  M.  COOPER  &COl 

Appropriation  to 
JOHNSON,  CHALES  H. 
Sale  of  lands  of  estate  of  Geo. 
Dugan,  deceased, 
JONESBORO, 

Charter  of,  amended, 
JOURNALS, 

See  State  Printer,  in  index. 
JUDGES, 

Appropriation  to  pay  salaries 

of,  for  18(32, 
Salaries  of,  fixed, 
Of  Superior  Courts  to  hold  ad- 
journed  terms  only  when 
•'*       they  tliiiik  proper. 

Judges  of  Superior  Courts  to 
give  Act  against  monopo- 
lies, extortions,  &c.,  in  spe- 
cial charge  to  Grand  Juries, 
JUDICIARY. 

Term  of  office   of  Judges  of 
Supreme  Court  prescribed. 
Sessions  of  Courts : 
Adjournment  of  Supr.  Courts 


112 


113 


114 


IIG 


13 


107 


94 


11 
70 


50 


67 


52 


in  Northern  Circuit,  legal- 
ized. 

Courts  in  Middle  District, 

Superior  courts  in  Putnam  co. 

Supr.  and  Infr.  Courts  in  Blue 
hidge  circuit. 

Sessions  of  Superior  Courts  in 
Habersham  and  Banks,  le- 
galized. 

Adjourned  terms  of  Superior 
Courts, 

Adjournment  of  Infr.  Courts 
and  Courts  of  Ordinary, 

Discharge  of  criminals  from 
jail  by  Justices  of  Inferior 
Courts. 

Suits  against  alien  enemies. 

Continuance  of  causes  during 
the  war. 

Proof  of  open  accounts. 

Judges  to  relax  rules  of  evi- 
dence in  certain  cases. 

Stay  law  continued, 

Judgments  obtained  against 
sokliersin  service, 

Certain  orders  and  judgments 
of  Ordinaries,  legalized, 

Disabilities  fVom  past  judg- 
ments of  divorce  removed. 

Statutes  of  limitations  suspen- 
ded during  war. 

Jurisdiction  in  cases  in  dama- 
ges given  to  J  ustices  Courts 

Certiorari  laws  amended, 

JUDGMENTS, 

Executions  on,  against  soldiers 
in  service,  not  to  be  issued 
till  three  months  after  close 
of  war, 

Stay  law. 

Certain  orders  and  judgments 
of  Ordinaries,  legalized, 
JUSTICES  COURTS. 

Cases  in  damages  for  trespass 
on  personal  property  may 
be  bought  in. 

If  Justice  dies  before  making 
return  to  a  certiorari,  cause 
to  be  sent  back  to  Court 
below  for  new  trial. 


53 
54 
54 


5G 
56 
59 

57 
58 

59 
59 

60 

60 

61 

61 

62 

62 

63 
63 


61 
60 

61 


63 


64 


INDEX. 


153 


K. 
KEY,  B.  P. 

May  build  dam  on  Ocmulgee 
river,  120 

KING,  A.  W. 

Appropriation  to  15 

KYTLE,  C.  H. 

To    be  paid   his  account  for 
teaching  in  1858,  107 

L. 
LANIER,  W.  A.  M. 

Appropriation  on  account  of      15 
EAWS  AND  JOURNALS.  I 

See  State  Printer,  hi  index. 
LUNATIC  ASYLUM.  ! 

See    State   Lunatic   Asylum, 
in  indcj'. 

M.  1 

MACHINERY,  i 

Governor  authorized  to  pur-         j 

chase,  to  make  arms,  05 

MAJOR  GENERALS, 

Appropriation  to  pay  for  ad- 
vertising orders  bv,  11 
MANASSAS, 

Name  of  Cassville  changed  to     101 1 
MANGET,  V.  H. 

Appropriation  to  15 

MARlilED  WOMEN.  j 

See  women,  in  index.  1 

McCONNELL,  THOS.  R.  j 

Appropriation  to  12! 

MESSENGER  I 

To  Ex.  Dept.  his  salary  fixed,     lli 

Appropriation  to  pay  salary         | 

of,  for  1SG2,  11 

To  Senate,  pay  to,  \M 

To  House,     "     "  12 

Pay  of,  fixed,  35 

MILEAC^E, 

Appropriation  to  pay  mileage 
of  members  of  General  As- 
sembly, 12 
Mileage  fixed  by  law,                  34 
MILITARY. 

Pay  and  allowance  of  troops 

in  State  service,  64 

Chaplains  and  Surgeons,  64 

Number  to  compose  a  Compa- 
ny, 64 
S5, 000,000  appropriated  as  a         I 


military  fund  for  1862,  15 

$350,000  appropriated  for 
manufacture  and  purchase 
of  arms,  65 

$100,000  appr.  for  support  of 

State  troops,  16 

For  action  in  reference  to 
transfer  of  State  troops  to 
Confederate  service  see  res- 
olution No.  22. 
Arms  to  be  manufactured  in 
Penitentiary,  65 

MILITARY  FUND, 

For  1SG2,  appropriation  of 
$5,000,000  for,  15^ 

MILITARY  ORDERS, 

Appropriation   to  pay  for  ad- 
vertising them,  11 
MILITARY  STORE  KEEPER, 
Appropriation  to  pay  salary 

of,  at  Milledgeville,  14 

Appropriation  to  pay  salary 
of,  at  Savannah,  14 

MONOPOLIES, 

Act  for  suppression  of,  66 

MOTT,  RANDOLl'II  L. 

Issue  of  change  bills  by,  25 

MURRAY  COUiNTY, 

Stock  of  non-residents  in,  104 

MUSCOGEE  COUNTY, 

Public  sales  to  be  held  at 
Court  House  door,  105 

O. 
OPEN  ACCOUNTS, 

How  proven  in  certain  cases,     59 
ORDINARIES, 

See  Exrs.,  Admrs.,  Trustees, 
&c.,  see  index. 
P. 
PALACE  MILLS  CO. 

Issue  of  change  bills  by,  legal- 
ized, 25 
PATROLS, 

Act  of  Feb.  20,  '54,  amended  115 
Laws  as  to  Dade  county,  115 

PENAL  CODE, 

White  woman  cohabiting  with 
slave  or  free  person  of  col- 
or, guilty  of  adultery,  68 
Puishment  of  such  white  wo- 
man,                                         68 


154 


INDEX. 


Pen  at  Code —  Con  i  in  ucd. 

Punishment  of  the  slave  or  free 
person  of  color, 

Slave  or  free  person  of  color 
^       injuring,  Ac.  Kail  Road  or 
R.  R.  property,  to  be  pun- 
ished by  death, 

Burning,  &c.,  R.  R.  bridge, 
made  a  capital  offence, 

A  misdemeanor  for  the  Atty. 
Genl.  or  a  Sol.  Gonl.  to  re- 
ceive costs  in  certain  cases. 

Trading  with  the  enemy,  de- 
clared a  felonv, 
PENITENTIARY, 

Appropriation  to  pay  Chap- 
lain of,  ior  1SG2, 

Arms  to  be  manufactured  in, 
PHYSICIANS, 

Physicians  and  millers  in  Jef- 
ferson county  exempt  irom 
militia  duty, 

Eclectic  Board  of,  established,  1 IG 
PLANTERS  INSURANCE,  TRUST 

&  LOAN  COMPANY, 

Incorporated, 
PLEADING  AND  PRACTICE, 

Criminals  may  be  discharged 
from  jail  by  Justices  of  In- 
ferior Courts,  in  certain  ca- 
ses. 

Suits  on  sequestrated  claims 
may  be  brought  in  State 
Courts, 

Issue  filed  to  insolvent  debt- 
or's schedule,  must  be 
sworn  to, 

Costs  on  such  suits, 

Attachments  on  such  claims. 

Service  of  writs,  &c.,  in  suits 
against  Insurance  co's 


6S 


6S 


(if) 


G9| 


70 


IIG; 


40 


57 


39 
57 

57 

58 


Continuance  of  causes  during 

the  war, 
Proot  of  open  accounts, 
If  J.  P.  dies  before  making;  re- 


5iJ 
59 


turn  to  certiorari,  cause  to 
be  sent  back  to  Court  be- 
low for  trial,  .  G3 
PRESIDENT  AND  VICE  PRESI- 
DENT, 
Approriation  to  pay  expenses 


of  Electors  of  14 

PRINTING  FUND, 

Appropriation  for,  of  1862,        11 
PROFESSORS, 

Appropriation  to  pay  salary 
of,  in  Ga.  IIW,  Institute,    "l2  15 
PUBLIC  DEBT, 

Appropriation  to  meet  13 

PUBLIC  PRINTER. 

See  State  Printer,  ai  hulcx. 

R. 
RAIFORD,  A.  B. 

Relief  of  .  119 

RAIL-ROADS, 

Tax  on  81 

Change  bills  to  be  issued  by 

W.  &  A.  R.  R.  20 

Salaries  of  officers  and  employ- 
ees on  W.  &  A.  R.  R.  to  be 
enquired  into  and  reduced, 
if  reasonable,  82 

Charter  of  B.  &  Fla.  R.  R.  Co. 

amended,  112 

S.,  A.  &  G.  R.  R.  Co.  may  con- 
nect its  track  with  track  of 
Central  R.  R.  at  Savannah,  114 
S.,  A.  &  G.  R.  R.  Co.,  may 

extend  its  track  to  Tybee,     114 
Q.  R.  R.  .1'  IVk'g.  Co.  may  con- 
nect its  track  with  that  of 
S.  A.  k  G.  R.  R.  Co.  at  Sa- 
vannah, 114 
RELIEF. 

Appr.  to  Mrs.  Boggess,  117 

Of  ]\rrs.  Margaret  Dillon.  118 

"  JMosesFornby,  118 

"  Abner  Hern,  118 

"  Wesley  Shullield,  119 

"  Wm.  11.  Bush,  119 

"  Augustus  B.  Raiford,  119 

"  Sterling  Glover,  199 

''  Gabriel  Toombs,  120 

REPORT  Kit  OF  DECISIONS  OF 

SUPRE:\rE  COURT, 

Appropriation  to  pay  salary  of 

for  18G2,  11 

Salary  of,  fixed  at  $800. 
RETAIL  LICENCE, 
In  Spring  Place,  9G 

In  city  of  Rome,  97 


INDEX. 


REVISED  CODE. 

See  Code  of  Georgia,  hi  index. 
RIVERS  AND  DAMS. 

B.  P.  Key  may  build  a  dam 
across  Ocmulgee  river,  120 

ROADS. 

Road  laws  in  Camden  and  Ear- 
ly counties,  amended,  121 
ROME, 

Retail  license  in  city  of  97 

S. 
SALARIES, 

Salary  of  Gov.  fixed  at  $3,000,     70 

Appr.  to  pay  salar}^  of  Gov. 
for  1862,  $4,000,  10 

Salary  of  Sec.  of  State  fixed 
at  $1,GU0,  70 

Appr.  to  pay  salary  of  Sec.  of 
vState  for  1SG2,  10 

For  compensation  to  Sec.  of 
State  for  certain  duties  to 
be  performed  in  Surve3'or 
Generals's  oflice,  see  Reso- 
lutions. 

Salary  of  State  Treasurer  fixed 
at'Si,600,  70 

Appr.  to  pay  salary  of  State 
Treasurer  for  1862,  10 

Salary  of  Compr.  General  fix- 
ed at  $2,000,  70 

Appr.  to  pay  salary  of  Compr. 
General  for  1S62,  10 

Compr.  General  allowed  cer- 
tain clerks,  14 

Salary  of  Sec.  to  Ex.  Dept. 
fixed  at  $1,200,  71 

Appr.  to  pay  salaries  to  Ex. 
Dept.  for  lS(i2,  10 

Appr.  to  pay  salary  of  Messr. 
toEx.  Dept.  for*lS62,  11 

Salary  of  Judges  of  Supreme 
Court  fixed  at  $2,000,  70, 

Appr.  to  \)iiy  salaries  of  Judges  | 

of  Supreme  Ct.  for  1862^,  lO! 

Salaries  of  Judges  of  Superior         1 
Courts  fixed  at  $1,500,  70| 

Appr.  to  pay  salaries  of  Judges         | 
of  Supr.  Courts  for  1862,  11 

Salary  of  Reporter  of  Supreme 
decisions  fixed  at  $800,  70 

Appr.  to  pay  salary  of  Repor- 


ter of  decisions  of  Supreme 
Court  for  1S62, 

Certain  salaries  may  be  drawn 
quarterly. 

General  appropriation  to  pay 
salaries, 

Appr.  to  pay  salary  of  State 
I  Librarian  for  1862,  $-500, 

!      Appr.  to  pay  salary  of  Supt. 
I  Ga.  Mil.  Inst,  for  1862, 

I  Appr.  to  pay  arrearages  of  sal- 
aries due  Professors  and  of- 
ficers of  Ga.  Mil.  Institute, 
I  City  Council  of  Augusta  may 
fix  salary  of  Judge  of  City 
Court, 

Gov.  to  reduce  salaries,  if  nec- 
essary, of  officers  and  em- 
ployees of  W.  &  A.  R.  R. 

Salaries  and  pay  of  officers  and 
mendDers  of  the  General  As- 
sembly, fixei, 

Appr.  to  pay  salaries  of  Atty. 
and  Sols.  Genl.  for  1862, 

Salar}'-  of  Supt.  and  Resident 
Physician  of  Lunatic  Asy- 
lum, 

Salary  of  Trustees  and  oflficers 
of  Lunatic  Asylum, 

Appr.  to  pay  salary  of  Chap- 
lain to  Penitentiary  for  1 862, 

Salaries  of  officers,  iv'c,  ofW. 
&  A.  R.  R.  to  bo  reduced, 
SALES. 

Public  sales   where   held    m 
Muscogee  county, 
SALT. 

Appr.  of  $50,000  to  encourage 
the  manufacture  of, 
SANDFORD,  J.  VV.  A.     " 

Pay  to  as  Coinr.  to  Texas, 
S.,  A.  &  G.  R.  R.  CO., 

Track  of,  may  be  connected 
with  track  of  C.  R.  R.  Co. 
at  Savannah, 

May  extend  its  track  to  Tybee 
island, 
SAVINGS  BANKS, 

]\rarried  women  may  de})0sit 
certain  monies  in,  free  from 
control  of  their  husbands. 


155 


11 


71 


13 


11 


12 


15 
70 


82 


34 


11 


73 


73 


11 


82 


105 


14 


114 


113 


23 


156 


INDEX. 


102 


3S 


\ 


SCHLEY  COUNTY, 

Line  changed  between  Sumter 
and 
SEAL. 

Great  Seal  of  State,  to  be  al- 
tered 
SEALS,  JOHN  H. 
Appropriation  to 
SECRETARIES  OF  EX.  DEPT 
Appropriation  to  pay  salaries 

of,  for  1S62, 
Salariesof  fixed  at  S1200, 
SECRETARY, 

Appr.  to  pay  Sec.  of  Senate, 
Pay  of  Secy,  of  Senate  fixed. 
Salaries  of  Sec.  of  Ex.  Dept. 

fixed, 
Appr.  to  pay  salaries  of  Sec. 
Ex.  Dept.  for  1S62, 
SECRETARY  OF  STATE, 
Appr.  to  pay   salary  of,    for 

1SG2, 
Salary  of,  fixed  at  $1600, 
Offices  of  Secretary  of  State 
and  Surveyor  General  con- 
solidated, 
To  reside  at  Capital, 
SENATE, 

Pay  of  President  of 
Pay  of  Secretary  of 
Pay  of  officers  of,  fixed, 
SHERIFFS. 

Sheriffs    sales    in 

count}^  where  held 
Not  to  have  fees  on  tax  Ji. fas. 
when  not  collected  from  de- 
fendents. 
In  Elbert  county  not  to  have 
costs  for  summoning  tales 
jurors  who  do  not  serve, 
SHIN-PLASTERS. 

See  change  bills,  ?7t  mdex. 
SHUFFIELD,  WESLEY 

Relief  of 
SIMPSON,  A.  N. 

Appropriation  to 
SLAVES   AND   FREE   PERSONS 
OF  COLOR, 

Going  from  Ga.  into  the  mili- 
,  tary  service,  may  return  to 
Georgia, 


34  3 


Muscogee 


Punishable  for  cohabiting  with 

a  white  woman, 
For  injuring,  &c.,  R.  R.  prop- 
erty or  burning  R.R.  bridge, 
to  be  punished  with  death, 
Tax  on,  in  city  of  Americus, 
Elmira  iMathews  may  sell  her- 
self into  slavery, 
SOLS.  AND  ATTY.  GENERAL. 
Misdemeanor  to  take  fees  or 
costs,  in  certain  cases, 
SOUTHERN  INSURANCE  CO 

Incorporated, 
SPECIE. 

Payment  of,  by  banks  suspen- 
I  dedtill  1st  Dec,  1862, 

71  j  SPECULATIONS, 
I      In  certain  articles  prohibited, 

10  SPRING  PLACE, 

Charter  of,  amended, 
STAY  LAW 
10       Continued  in  operation  till  1  st 
701  Dec,  1862, 

I  STATE  HOUSE, 
;      Appr.  to  pay  Guard  of 
72i      Appr.  to  pay  for  winding  and 

72  keeping    in     repair    State 
House  clock, 

12  STAT-E  LIBRARIAN, 
12'      Appr.    to   pay   salary  of,  for 
1S62, 
STATE  LIBRARY, 

Appr.  to  buy  books  for,   for 
1862, 
STATE  LUNATIC  ASYLUM, 
Appr.  to  pay  salary  of  Supt. 
and  officers  and  employees 
of,  for  1S62. 
Taxes  to  be  assessed  in  refer- 
rence  to  appropriations  made 
to, 
Extra  appropriation  to,  to  pay 
arrearages  due  from, 
STATE  MAGAZINE, 

Appr.  to  pay  Guard  of, 
STATE  OFFICERS. 

Officers  of  Sec.  of  State  and 
Surveyor   General  consoli- 
dated, 
Sec.  of  State   must  reside  at 
71  Capital, 


105 


80 


104 


119 


15 


68 


68 
88 

121 


69 


47 


18 


67 


96 


60 


11 


12 


11 


11 


73 


73 


74 


14 


72 


72 


INDEX. 


157 


22 


STATE  PRINTER. 

Number  of  Laws  and  Jour- 
nals to  be  printed, 
Distribution  of  Laws  andjour- 

nals, 
Advance  to,  of  $3,000, 
STATE  TREASURER. 

Appr.  to  pay   salary    of,  for 

1SG2, 
Salary  of,  fixed  at  $1600. 
May  make  advances  to  officers 
of  Government, 
STATE  TROOPS. 

Appropriation  for  support  of, 
(Sec  liesolutions  for  proposition 
to  transfer  tliem  to  the  Con- 
federate service.) 
STATUTES    OF    LIMITATIONS. 
Suspended  during  war,  02 

STEEL,  J.  H. 

Appropriation  to  pay  bim   as 
Sec'y.  of  Electoral  College,    14 
STEWART  COUNTY. 

County  tax  in, 
SUMMERVILLE. 

Incorporated, 
SUMTER  COUNTY. 

Line  changed  between  Schley 

and, 
County  tax  in, 
SUPERIOR     AND  INFERIOR 
COURTS. 
Adjournment  of  Sup'r.CJourts 

in  Northern  Circuit,  legalized,  '53 
Times  of  liolding  bup'r.  Courts 

in  Middle  District,  fixed, 
Time  of  holding  Sup'r.  Court 

in  Putnam  co.,  fixed. 
Times  of  holding   in    certain 
counties  in  Blue  Ridge  Dis- 
trict, fixed. 
Certain   sessions  of  Superior 
Courts  in   Habersham  and 
Banks  counties,  legalized. 
Adjourned    terms  to  be    held 
when  Judge  thinks  proper 
Adjournment  of  Inf'r.  Courts 
and  Courts  of  Ordinary, 
SURGEONS. 

May  be    appointed   to   State 
Troops. 


T. 


123 


95 


102 
125 


54 


54 


55 


5G 


56 


56 


64 


127 


76 


78 


and 
for 

tax 


TATTNALL  COUNTY. 

County  tax  in, 
TAX. 

County  Tax  on  account  of  sol- 
diers, 

Tax  Collectors  elected  in  Jan- 
uary, 1SG2,  not  to  be  com- 
missioned till  1st  March, 

Tax  Collectors  allowed  till 
1st  March,  1862  to  make 
payments  to  State  Treasury,  78 

But  must  pay  in  monthly  the 
collections  made. 

Confederate  War  Tax  amend- 
ed by  State,  (79) 

Alknving  insolvent  li&ts  to 
Collectors, 

No  costs  allowed  to  officer  on 
tax /?.  fas.  unless  collected 
out  of  defendant, 

81,000,000,  to  be  levitd 
collected  as  State  tax 
1862, 

Fee  of  Tax  Collector   on 
Ji.  fa.  to  be  50  cts., 

Insolvent  lists. 

Costs  on  tax  Ji.  fas. 

Insolvent  lists,  and  Comptroll- 
er General's  duty  in  relation 
thereto, 

Tax  on  Railroads, 

Commissions  of  Collectors, 

Payment  of  money's  into 
State  Treasury, 

Time  of  making  settlements 
of  Taxes  with  Treasurer, 
extended. 

County  tax  in  Butts  county, 
for  1861,  legalized. 

County  tax  in  Coweta  co., 

County  tax  in  Stewart  co.. 

County  Tax  in  Sumter  co.. 

County  tax  in  Tattnall  co., 

County  tax  in  Ware  county, 
to  build  a  jail,  not  to  be  col- 
lected. 

Act  to  lay  a  tax  on  stock  of 
non-residents  in  Wilcox  co. 
repealed. 

County  tax  in  Whitfield  co., 


78 


79 


79 


SO 


SO 

80 
80 
SO 


80 
81 

81 

81 


S2 

122 
123 
123 
125 
127 


128 


129 
129 


158 


INDEX. 


TAX  collp:ctors. 

See  Tax,  ?w  index. 
TAYLOR,  HENRY  L.  deceased. 

Executor  of",  109 

TAYLOR,  WM.  B. 

Executor  of,  109 

TELEGRAPH  COMPANIES. 

Ga.  Telegraph   company,  in- 
corporated, 130 
TIMBER  CUTTER'S  BANK. 

Removal  of,  to  Brunswick,  or 
Daricn,  24 

Charter  of,  amended,  24 

TOCCOAII  RIVER. 

Felling  timbers  in,  prohibited,  105 
TOOMBS,  GABRIEL. 

Relief  of,  120 

TOWNS  COUiNTY. 

Unexpended  part  of  school 
fund  in,  to  be  paid  over  to 
Relief  Committee  in,  107 

TROOPS. 

See  State  Troops,  in  index. 
TRUSTEES. 

See  Exr's.  Adrar's.  Trustees, 
&c.,  in  index. 
TRUST  FUNDS. 

May  be  invested  in   Confeder- 
ate State's  Bonds,  32 
TURNER    MOUNTAIN    COPPER 

MINING  COMPANY. 

Incor[)oratc'd,  99 

TYBEE  ISLAND. 

Rail  Road  may  be  extended  to  113, 


V. 


VASON,  W.  A. 

Pay  to,  as  Commissioner  to 
Louisiana,  14 

VOLUNTEERS. 

Soldiers  in  service  may  vote —     31 
appropriation    for   support 
of,  in  State  service,  IG 

(For    proposition     to     transfer 
State  troops   to  Confederate 
States  service,   see  Resolu- 
tions.) 

W. 
WESTERN  &  A.  R.  R. 

Change  bills  to  be  issued  by,      2G 
Salaries  of  officers,   &c.,  of,         82 
WHITE  COUNTY. 

Account  of  C.  H.  Kytle  to  be 
paid,  107 

WHITFIELD  COUNTY. 

Jury  fees  in,  103 

WILLIAMS,  II.  J.  G. 

Appropriation  to,  15 

WILLIAMSON,  WM.  deceased. 
Sale  of  lands  belonging  to  es- 
tate of,  108 
WOMEN. 

IMarried,  may  deposit  certain 
moneys  in.  Savings  institu- 
tions, free  from  control  of 
their  husbands,  23 

WRIGHT,  A.  R. 

Pay  to  as  Commissioner  to 
Maryland,  14 


INDEX   TO    RESOLUTIONS. 


No.  1  Relative  to  a  bill  to  authorize  the  Jus- 
tices of  the  Inferior  Courts  to  levy  an 
extra  tax  on  account  of  Soldiers  in  ser- 
vice and  tiioir  f.'innlics;  also  relative 
to  the  assumption  hy  the  State  of  the 
Confederate  War  Tax. 
?.•  Relative  to  monopolies,  extortion  and 
speculations. 

3.  Messrs.   Clark   and   Tucker,    Agents 
Georgia  Hosjiital  Associatiou. 

4.  Election  of  Confederate  States  Sena- 
tors. 

5.  On  reduction  of  salaries. 
C.  Relative  to  Deaf  and  Dumb  Asylum. 

7.  Grant   to   certiiin   lot  of  land   in  oM 
Early,  to  be  i.ssued  to  John  Siipp. 

8.  Houmiary  liue  between  Georgia  and 
Florida.  ' 

9.  Rev.  C.W.Thomas. 

10.  Relative  to  the    prosecution   of   the 
War. 

11.  Duties  and  pay  of  Secretary  of  State 
as  to  Surveyor  General's  Office. 

12.  Resolutions  as  to  collection  of  cotton 
and  other  crops  in  Georecia. 

12.  Instructions  to  Tax  Collectors  to  be 
issued  by  Comptroiler  General. 


No.    14.  Tax  Collectors  and  Comp,  General. 

''      15.  Relative  to  the  blockade. 

"  16.  Resolutions  relative  to  the  resolutions 
passed  by  Tennessee. 

"  17.  Copy  of  the  Act  to  prevent  specula- 
tions, extortions  and  monopolies,  to  be 
sent  to  Governors  of  each  State  in 
Confederacy. 

"  18.  Tax  Collectors  and  Comptroller  Gen- 
eral as  to  settlements  for  taxes  raised 
by  sale  of  lands  of  alien  enemies. 

''      19."  Census  Takers.     ■ 

"      20.  Committee  on  Penitentiary. 

'■  21.  Repeal  or  modification  of  the  Seques- 
tration Act  reconnnended. 

'•  2:2.  Tender  of  St  ate  Troops  to  Confederate 
Government. 

"  23.  Supreme  Court  Reports  to  be  sent  to 
Dade  county. 

"  24.  Relative  to  establishinp:  a  mail  route 
from  IJengal  to  Reidsville. 

"  25.  Asserting  Georgia's'  right  to  all  lands 
witliiu  her  limits. 

"     26.  Adjonrument  of  General  Assembly. 


\ 


